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(영문) 서울동부지방법원 2014.04.28 2014고단474

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 199, the Defendant was sentenced to a suspended sentence of two years in October due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seoul District Court on April 9, 199, and is a person who is engaged in driving of B B-man car.

On January 7, 2014, the Defendant driven the said car at around 04:25, and continued to drive a four-lane road in front of the building in the Shincheon-dong, Gangdong-gu, Seoul Metropolitan Government, with two-lanes from the distance from the on-line of the National Cemetery to the on-line of the National Cancer, at about 45km each hour.

At the time, there was a crosswalk in which signal lights are installed in front of the place where the new wall was cut off, so the driver of the motor vehicle had a duty of care to prevent the accident in advance by reducing the speed and checking the front door well.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the victim C (the 90-year-old) who was dried by towing a bicycle on the right side from the left side of the running direction of the Defendant at the same speed, and did not escape from the said crosswalk, and received the victim as the front part of the steering direction of the said car.

Ultimately, at around 05:14 of the same day, the Defendant caused the victim's death by the occupational negligence as above, from the E Hospital located in the same Gu D, a cage cage cages.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A traffic accident report;

1. A report on internal accidents (verification of studio images of a studio);

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The scope of the sentence under Article 62(1) of the Criminal Code (the conditions favorable to the reasons for sentencing below) as well as the scope of the recommended sentence according to the sentencing guidelines (traffic crime, general traffic accident, general traffic accident, type 2 (traffic accident death, etc.) as the reasons for the suspended sentence.