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(영문) 서울중앙지방법원 2016.04.06 2015고단8339

교통사고처리특례법위반

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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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On August 17, 2015, the Defendant driven the above car at around 04:43, and driven the front road of Gwanak-gu in Seoul Special Metropolitan City along the shooting distance of the Seoul Special Metropolitan City large-scale area, along the two-lanes between the two-lanes.

In such cases, since it was difficult at the time to take a new wall time, a driver of a motor vehicle shall observe the speed limit, shall accurately operate the steering gear, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others, depending on the traffic situation of the road and the structure and performance of the motor vehicle, and have a duty of care to prevent accidents in advance by safely reporting the traffic situation at front and rear times and safely driving the motor vehicle.

Nevertheless, the defendant did not neglect the above duty of care and found the victim E (19) who crosses the road on the right side by walking the road on the left side at a speed of 84 kilometers a speed exceeding 20 kilometers per hour, and then did not blick the hand on the left side, but did not blick the hand on the left side, and did not go beyond the road by taking the victim's right side part on the front top top top of the vehicle and the front front front glass of the vehicle.

As a result, the Defendant caused the victim to die by occupational negligence at the emergency room of the Sora Hospital in Dongjak-gu Seoul Metropolitan Government on August 17, 2015, in the course of transmission and treatment to the emergency room of the Sora Hospital in Dongjak-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. To file a report on traffic accidents (on the actual condition investigation) and a report on the occurrence of traffic accidents;

1. Comprehensive traffic accident analysis replies;

1. Application of Acts and subordinate statutes to accident vehicle photographs and death diagnostic certificates;

1. Article 3 (1) of the Act applicable to the facts constituting an offense, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the selection of

1. Article 62 of the Criminal Act: