beta
(영문) 서울서부지방법원 2014.12.04 2014고단1726

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of Done Stars.

On March 7, 2014, the Defendant driven the above van on March 7, 2014, and led to the left-hand turn to the front of the new hydrologic Party in Mapo-gu Seoul, Mapo-gu, 112-1.

Since the above place is a remote intersection where traffic is controlled by signal apparatus, in such a case, a person engaged in driving of a motor vehicle has the duty of care to observe the signal and drive the motor vehicle in good manner.

Nevertheless, the Defendant neglected this and received the front part of the victim E (the 59-year-old driver) drive fVL125 Otoba in accordance with the straight signal at the right-hand opposite lane by negligence in violation of the right-hand turn signal, and received the front part of the victim E (the 59-year-old driver) as the front part of the above van

On March 7, 2014, at around 07:45, the Defendant caused the foregoing traffic accident and caused the victim to die in an emergency room of the doromoto hospital in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with a decrease in the amount of credit blood caused by the trauma and sule.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. The actual survey report on traffic accidents;

1. Application of the photographic Acts and subordinate statutes;

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 reason for sentencing under Article 62(1) of the Criminal Act: The death of a victim due to a traffic accident caused by a defendant's violation of signal signal; the fact that the defendant has agreed with the bereaved family of the victim; the same criminal record or fine has not been exceeded; and other various sentencing conditions as shown in the argument of the instant case are considered;