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(영문) 서울북부지방법원 2015.06.23 2015고단1554

교통사고처리특례법위반

Text

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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On March 22, 2015, the Defendant driven the above taxi on March 22, 2015, while driving the two-lane road in front of the Seoul Southernbuk-gu, Seoul, along the two-lanes from the sloping distance to the Samyang-gu, Samyang-gu, Seoul, along with the two-lanes, and let the passengers get out of the opposite line.

At night, in the first lane of the defendant's proceeding direction, the F.O. 1 driven by the victim E (the age of 19) was set up, and the U.S. is not allowed to make a U.S. as the center line is installed. Thus, the driver of the vehicle has a duty of care to thoroughly examine the front and rear left, and to make a U.S. internship at the permissible point of the U.S. driver's license.

Nevertheless, the Defendant neglected to do so and was aware of the fact that the above Oralba, but the Defendant got off one-lane to drive the said Oralba and the victim's head, etc. as they were, due to the negligence that the victim was not avoided.

Ultimately, the Defendant caused the victim to die by occupational negligence on April 16, 2015, at the Ghee University Hospital’s middle-patient hospital in Dongdaemun-gu, Seoul, where the Defendant was under medical treatment at around 18:55, resulting in the death of the victim due to brain liverion, etc. in the end of the 26-day consciousness of approximately 26 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. A death certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendations] traffic accidents in general traffic accidents in category II (Death resulting from Traffic Accidents in April-10): Reduction element (including efforts to recover from traffic accidents in April-10): The defendant's negligence is young.