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(영문) 서울남부지방법원 2016.10.20 2016고단3359
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle of salary Class D and Ⅲ freezing.

At around 16:05 on June 8, 2016, the Defendant driven the said freezing vehicle, and entered the alleyway in Guro-gu Seoul Metropolitan Government, thereby getting out of the alley, thereby getting out of the alley.

Since there are many pedestrians, there was a narrow frame of about 3 meters in width, the driver of the vehicle has a duty of care to safely drive the vehicle by reducing speed and checking the traffic situation of the rear side.

Nevertheless, the Defendant neglected this and did not find out the G (the age of 85) of the victim G (the age of 85) who was frightening in the freezing side of the Defendant due to the negligence of the Defendant without permission, and did not find the victim G (the age of 85) and did so in the freezing back part of the Defendant, and did so beyond the floor, and served the victim's head head with the back wheels of the above freezing fright.

Accordingly, the Defendant caused the victim's death from the two parts of the job by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs of the scene of accident, body autopsy reports, and death check reports;

1. Article 3 (1) and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and Selection of imprisonment without prison labor;

1. Circumstances that are favorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The first offender, the fact that there exists an agreement with the bereaved family members of the victim, and the automobile comprehensive insurance; and

(k) Unfavorable circumstances: A serious result of the death of the defendant due to his care; and

O.0 Other circumstances, such as the Defendant’s age, environment, circumstances surrounding accidents, and circumstances after committing the crime.

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