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(영문) 서울북부지방법원 2014.09.04 2014고단2305
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CSP car.

On April 27, 2014, around 19:35, the Defendant is proceeding three lanes in the direction of science and technology as three-lanes in the direction of chill apartment.

On the other hand, in the course of moving bypassing to the right direction of the road, the victim D (ma, 62 years old) who has dried the crosswalk in accordance with the pedestrian signal was not found on the right side of the right direction of the road due to the occupational negligence in violation of the duty to protect pedestrians in the crosswalk in the direction of the right direction of the right direction of the road, and the part of the front part of the above vehicle, which is the front part of the victim's right part, went beyond the road.

On May 9, 2014, at around 05:50 on May 9, 2014, the Defendant caused the victim to die in the brain in the 68 branch hospital in Seoul Special Metropolitan City, Nowon-gu, with the Hangul seat of 68.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Photographs;

1. Application of Acts and subordinate statutes on motor vehicle booms image;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

Reasons for sentencing

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence for the sentencing guidelines [type] traffic crimes, general traffic accidents, and death of traffic accidents (type 2] (Scope of the recommended sentence] June-1 and June (basic area);

3. Circumstances, such as the fact that the defendant who was sentenced to the sentence was negligent in driving his/her vehicle due to neglect of his/her duty of front-time and safe driving, and that the victim was faced with his/her head on the ground and died therefrom, and that the defendant did not reach an agreement with his/her bereaved family members.

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