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(영문) 서울북부지방법원 2015.07.09 2015고단1732

교통사고처리특례법위반

Text

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

except that 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 a taxi in Orusus.

On April 4, 2015, the Defendant driving the above taxi on April 4, 2015, and driving the two-lane road in front of the “Dcafeteria” located in Dongdaemun-gu Seoul Metropolitan Government along the two-lanes from the distance of the front city to the distance of the direction of the direction of the direction of the direction of the two-lanes.

At this point, since there is a section in which U.S. is not allowed, a person engaged in driving of a motor vehicle is prohibited from making a U.S., and there was a duty of care to prevent accidents by examining whether there is a vehicle driving on one lane in the direction of proceeding when changing the lane.

Nevertheless, the Defendant neglected this and did not discover FOba, which was driven by the victim E, which was driven by the victim E, from the rear side of the same direction as the U.S., due to the negligence of the U.S. at the two-lane, and had the front part of the U.S. Baba as the left part of the said taxi.

Ultimately, at around 08:43 of the same day, the Defendant caused the death of the victim due to brain liver in the Gyeong University Hospital located in 23, Dongdaemun-gu Seoul, Dongdaemun-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. A criminal investigation report (as of April 4, 2015);

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

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] for the sentencing of Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below] traffic accidents in general traffic accidents in the area where mitigation of punishment ( April to October) is mitigated (including efforts to recover from damage). The victim died due to the traffic accidents in this case.