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(영문) 서울서부지방법원 2014.07.03 2014고단1007

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 a Clearning car.

On March 15, 2014, at around 22:20, the Defendant, with a joint signature of Eunpyeong-gu Seoul Metropolitan Government, was driving the said vehicle at the street of 174, and was driving the said vehicle at the one-lane between the 3-lanes of the Gu mountain basin in the Gu mountain basin in the year and turned to the left.

Since the location is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals of the front intersection.

Nevertheless, the Defendant neglected this and instead received the front wheels of the victim D(15 years of age) driving, who was straight from one lane in the opposite direction to the opposite direction due to the negligence of disregarding the signal while the driving signal of the vehicle is stopped, making the victim go beyond the road due to the shock.

Ultimately, on March 26, 2014, the Defendant caused the death of the victim at G Hospital located in Jongno-gu Seoul Metropolitan Government F due to cerebral blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. The actual survey report on traffic accidents;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. The grounds for sentencing under Article 62(1) of the Criminal Act, based on the following factors: (a) the death of the victim due to traffic accidents caused by the Defendant’s violation of signal signals; (b) the victim’s bereaved family members have agreed with the bereaved family members; (c) the primary offender; and (d) other factors of sentencing specified in the hearing of the instant case, shall be determined within the scope of the sentencing guidelines