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(영문) 서울북부지방법원 2015.03.26 2014고단4648

교통사고처리특례법위반

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

However, the execution of imprisonment without prison labor shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2014, at around 09:40 on March 2, 2014, the Defendant driven C rocketing taxi, and proceeded at a dint speed from the luminous basin to the luminous basin, depending on one lane in front of the monthly 1 Dong community service center located in the 59-lane, Nowon-gu, Seoul Special Metropolitan City.

Since the place is where the center line of the yellow domin line is installed, the Defendant was obliged to pay a duty of care to thoroughly operate the front line and safely. However, the Defendant neglected to do so on the opposite side, and caused the victim D(53) who scams his hand in order to scam his hand on the opposite side by the negligence of the centering the center line in order to scam off his hand in order to let the victim D(53) knife his hand on the opposite side, and caused the knife car to be driven by the victim on the road.

As a result, due to the Defendant’s occupational negligence, the victim died due to the injury to the two on the same day.

Summary of Evidence

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

1. Statement of each police protocol of E;

1. Application of the Acts and subordinate statutes described in the report on the occurrence of traffic accidents, the actual condition survey report, on-site photographs, and the body autopsy report;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution led to the death of a person who had been on the opposite road in excess of the median line due to the incidental driving.

Although the degree and result of negligence is serious, it is against the mistake, and as a result of efforts to recover damage, the agreement with the bereaved family members is reached with the victim's bereaved family members, and it is decided as ordered by the order in consideration of the favorable circumstances.