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(영문) 서울북부지방법원 2013.04.18 2013고단367

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 the driver of the passenger vehicle B.

On November 20, 2012, the Defendant driven the above vehicle on November 22:45, 2012, and proceeded with the road of the four-lane in front of the department store at the offset hospital located in Seoul Special Metropolitan City, Nowon-gu, 713. The Defendant became to turn to the left at the shooting distance of the department store while the signal apparatus was installed in the front of the department store at the offset hospital.

At night, the location is an intersection where signal apparatus is installed, so a person engaged in driving a motor vehicle has a duty of care to properly see the front left door and to prevent accidents by observing signal.

Nevertheless, the defendant, even though the cross-road signal was changed to a yellow signal from the left to the left turn, did not properly look at the front left, and found the front part of the victim C (the age of 16) who entered the intersection without the driver's license plate of the victim C (the age of 16) who entered the intersection to turn to the left from the off of the off of the offset white hospital due to the negligence that entered the intersection, and caused the victim's death at the site of multiple long-term damage.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of a comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Determination of types of traffic accidents] General traffic accidents (special-sponsers): Death or injury resulting from traffic accidents: In a case where the injured party has a considerable and substantial room for the occurrence of traffic accidents or the expansion of damage, the accused (decision on the recommended area] no penalty [decision on the recommended area] 2 months to 10 months; and

2. Sentence;