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(영문) 서울중앙지방법원 2013.11.08 2013고단5723

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 17, 2013, the Defendant driven a village shuttle at C&C on July 20: 20:37, and was driving at the speed of about 20km at the speed of about 65 km in accordance with the three-lanes of the above road from KT Research Institute on the side of the KT Research Institute on the side of the road at a speed of 65 km-ro, Seocho-gu Seoul, Seocho-gu, Seoul. On the front side of the road, there is a signal signal, etc. on the front side of the road. As such, the Defendant confirmed whether a person engaged in driving the crosswalk is a person who has a way to reduce the speed and watch on the front side and well see the right and the right and the right of the road. However, despite the duty of care to safely drive under the new subparagraph, the Defendant neglected the signal and operated it to avoid the death of the victim D(57 years old), but the Defendant was under pressure on the front side of the village bus, thereby allowing the victim and the victim to stop the road over 1 to the front of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in G; and

1. Entry of a traffic accident report;

1. Application of Acts and subordinate statutes to entries in a death certificate;

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 (i.e., circumstances favorable to the reasons for sentencing as follows);

1. The scope of the recommended sentence on the sentencing guidelines / [type] the traffic crime group, general traffic accidents, death of traffic accidents (type 2) (type 2): Where illegality in the proviso to Article 3 (2) of the Special School Traffic Act is serious - Where the reduction element is serious: 8 months without prison labor for a reduction [the scope of the recommended sentence] - one year and six months (basic area);

2. Determination of sentence: The traffic accident in this case;