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(영문) 서울동부지방법원 2015.12.24 2015고단3490

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for eight 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 a B-Wood vehicle.

On September 20, 2015, the Defendant driven the above car on September 12, 2015, and continued to drive the road above the 1st two-lanes, which is located in 975 as Gangdong-gu Seoul, Gangdong-gu, Seoul, along the two-lanes of the two-lanes, from the north bank of the astronomical Zone to the tent distance.

There are apartments and commercial buildings around that place, and there is a section of 60 km speed, so the defendant engaged in driving of a motor vehicle has a duty of care to observe the speed limit and to prevent the accident from occurring safely by checking well.

Nevertheless, the defendant neglected this and continues to keep a speed exceeding 78.3 km per hour, 138.3 km per hour.

The victim C (C and 45 years of age) who crosses the above road from the defendant's right-hand side to the left-hand side of the defendant's running direction did not find the victim C (C and 45 years of age) and the defendant got off the road by shocking the victim in front of the above car driving.

Accordingly, the defendant caused the death of the victim through occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. In light of the circumstances of the instant traffic accident under Article 62(1) of the Act on the Suspension of Execution, there was a result that the Defendant’s negligence and the victim’s death could not be complied with. However, the Defendant is a first offender who has no record of criminal punishment and is in deep depth, and the victim is also responsible for the occurrence of the instant accident, such as the unauthorized crossing of the lane at the time of the instant case. The instant car is covered by a comprehensive motor vehicle insurance, and the Defendant is the bereaved family members of the victim