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(영문) 서울북부지방법원 2015.09.15 2015고단2676

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Patom car.

On June 8, 2015, the Defendant driven the above car on June 11:43, 2015, and took the front side of the Dobong-gu Seoul Metropolitan Government 154-ro 18, Dobong-ro 154, the latter part of the Dobong-gu 18-do 18-ro from the Dobong middle school distance room to the new service distance.

At this point, there are many roads for vehicle traffic, and crosswalks are installed on the long distance in the rear side, so even if they are moving back to the driver, they have a duty of care to ensure that they do not obstruct the passage of pedestrians or other automobiles.

The Defendant neglected to do so by negligence and led about 30 meters in front of the above Dobong middle school, and led to a shooting distance in front of the above Dobong middle school, and led to the right side of the Seoul Northern District Court to go back to the right side, the victim C, who was standing the crosswalk from the right side, was shocked to the front side of the driver's seat of the above vehicle, and moved to the front side of the above vehicle, and the victim who was standing on the road was turned to the front side of the driver's seat of the above vehicle.

Ultimately, around June 8, 2015, around 13:43, the Defendant caused the death of the victim by occupational negligence at the Dobong-ro 308 Hancheon-ro, Dobong-gu, Seoul to the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1) (2) (actual survey report);

1. A death certificate;

1. Protocol of inspection;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents Act (Type 2 (Type 4-10) (Class 4-10) (Special Mitigation) (including efforts to recover from traffic accidents), punishment not (including serious efforts to recover damage) (Article 62-2 of the Criminal Act) (Article 62-2) of the order to attend lectures lose valuable life due to Defendant’s mistake.