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(영문) 서울중앙지방법원 2013.11.29 2013고단6484
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On June 26, 2013, at around 23:55, the Defendant driven the cargo truck of C in the middle forest market, and proceeded to the left from the middle forest intersection to the middle forest intersection, and proceeded to the left at three-lanes of the middle forest intersection road of 437-1, the middle-gu, Jung-gu, Seoul to the middle forest intersection. Since the place is where a sidewalk for pedestrians' traffic is installed, the Defendant: (a) was negligent in driving the vehicle by entering and driving the sidewalk to stop in front of the D Council located in the neighboring building while neglecting the duty of care; (b) was negligent in driving the vehicle in front of the D Council; (c) the victim E (68 years old and inn) who was diving in the sidewalk and caused the victim to die with the back wheel wheels of the cargo vehicle of the Defendant driving on the left side of the cargo vehicle of the victim E (the 68 years old and inn) on June 27, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Entry of the traffic accident report;

1. Each description of the autopsy report and the written request for autopsy and appraisal report;

1. Application of each video statute to a scene photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. Scope of the recommended sentence for the sentencing guidelines / [type] the traffic crime group, general traffic accidents, and death of traffic accidents (type 2): Reduction element of punishment (type 2): April of imprisonment without prison labor for not more than 4 months [the scope of the recommended sentence] - October;

2. According to the circumstances that result in the severe death of the victim due to the instant traffic accident of which the sentence was rendered, the Defendant agreed with the bereaved family members of the victim, the vehicle operated by the Defendant is covered by a comprehensive insurance, and the sentencing of the Defendant is considered.

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