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(영문) 서울중앙지방법원 2013.10.18 2013고단3895

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 February 27, 2013, the Defendant was driving a metropolitan bus around 23:03, and was driving along the central bus exclusive lane, which is the first-lane of the above road, in active duty-free from the long-distance 165-5-dong, Gangnam-gu, Seoul, by driving a metropolitan bus at around 23:03, along with a five-lane road in front of the above 165-5-dong, Gangnam-gu, Seoul, along with the front left side of the bus, from the remote-distance string of the road. At night, the Defendant was at night, and thus, in spite of the occupational duty of care to prevent accidents by safely driving the crosswalk and safely, the Defendant was negligent and negligent in driving the crosswalk on the front side of the road while the green light of the pedestrian signal, etc. begins to cross it from the right side, and even after the pedestrian signal, etc. has been changed to the red light, thereby allowing the victim to go beyond the road.

3. From 14:00 to 14:0, while receiving treatment from the F Hospital located in Gangnam-gu Seoul E, it caused the death of the credit-based cerebral cerebral cerebral cerebral typ.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of a written diagnosis of death;

1. Entry of a traffic accident report;

1. Application of relevant Acts and subordinate statutes to written requests for appraisal and comprehensive traffic accident analysis reports;

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 for the sentencing guidelines / [type] the traffic crime group, general traffic accidents, and death of traffic accidents (type 2): Reduction element: Where the victim has gross negligence on the occurrence of traffic accidents (the scope of the recommended sentence] - April 10 months without prison labor;

2. The defendant's disadvantage is that a serious result of the death of the victim due to the instant traffic accident, the sentence of which has been determined.