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(영문) 서울중앙지방법원 2015.11.11 2015고단5775
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in driving a BT bus in Seoul.

On July 10, 2015, the Defendant driven the above vehicle at around 09:10, and proceeded along the five-lanes in front of the Sejong Culture Center as in Jongno-gu Seoul, Jongno-gu, Seoul, along the five-lanes in front of the Sejong Culture Center.

Since the location has a crosswalk where signal lights are installed on the front side, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front side and the right and the right and the right, and reducing the speed.

Nevertheless, the Defendant neglected to do so and tried to set up the crosswalk on the right side of the Defendant’s driving vehicle (D, n, 58 years old) with the victim C (D, n, and 58 years old) who tried to set up the crosswalk on the pedestrian signal signal signal by negligence.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the course of the treatment of the victim at around 12:02 on the same day, such as the severe trauma ples and plessis, etc. in the Gangnam-gu Seoul Jongnodong Hospital located in 29, Jongno-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Photographs of the accident site;

1. Egressing CCTV images of the Sejong Culture Center;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (Scope of Recommendation) General traffic accident: Type II (Death resulting from Traffic Accidents) (including efforts to recover damage), the special mitigation area (2 to October) (2nd) of the Special Mitigation Area), where there is substantial negligence on the occurrence of traffic accidents or the expansion of damage to victims, not subject to punishment (including voluntary efforts to reduce damage);

2. The case is serious because the defendant driving a large trawls bus for decision-making tourists has violated the duty of safe driving and caused the death of the victim.

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