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(영문) 서울북부지방법원 2016.09.22 2016고단2314
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a motor vehicle B and C.

On April 27, 2016, the Defendant driven an above cargo vehicle on April 27, 2016, and led the road in front of the D Jeong-dong Nuclear Hospital located in Nowon-gu in Seoul Special Metropolitan City to the direction of the implied road distance from the chill-dong Nuclear Hospital.

Since there have been a yellow on-and-off signal, and the defendant want to turn to the left, the defendant engaged in driving motor vehicles had a duty of care to check thoroughly the front side and to accurately operate the steering gear, brakes and other devices of the motor vehicle and to prevent the accident from spreading.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and caused the victim E (the 20 years old) who passed the back road of a house in the direction of the distance of nuclear hospital from the view of the open-dong teachers distance, which is the front part of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim from cerebral macy at the Korean University Hospital located in Nowon-gu in Seoul Special Metropolitan City on May 1, 2016, when the Defendant had the victim receive medical treatment for cerebral macy due to cerebral macy from her acute mathrosis due to her occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. A favorable condition for sentencing under Article 62(1) of the Criminal Act: A favorable condition for sentencing under Article 62(1) of the Act on the Suspension of Execution: The Defendant’s confessions and reflects the instant crime; the victim’s bereaved family members and the victim’s desire to find the Defendant’s wife by mutual consent; and the Defendant was punished by a fine for violating the Road Traffic Act in 192.

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