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(영문) 서울북부지방법원 2015.01.22 2014고단4090
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 is engaged in driving the DSV125 Oralba.

Around 20:40 on September 15, 2014, the Defendant driven the above Oralba, and proceeded at a speed of about 74 km from the front side of the Dongdaemun-gu Seoul Metropolitan Government 412 (Cheongmuldong-dong), which is about 3-lanes, to the front side of the Cheongmul Apartment apartment, with a speed of about 74 km per hour, along the two-lanes of the two-lane roads.

At the time, the road at night is located at the speed of 60km per hour, so there was a duty of care to safely drive by observing the speed limit to those engaged in driving duties and checking the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and did not look at the front side and the right and the right and the right and the right and the part of the part of the victim E (the age of 69) crossing the road without permission from the left side of the front side of the drive of the Defendant by the negligence of changing the course from the two-lanes to the one-lanes of the above road.

After all, the Defendant caused the victim to die by the above occupational negligence at around 21:40 on the same day by the low volume shock in the light of scarke medical personnel located in 23, Dongdaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. A traffic accident report;

1. A death certificate;

1. A comprehensive analysis of traffic accidents;

1. Photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

Reasons for sentencing

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of the recommended sentence for the sentencing guidelines / [type] traffic crimes, general traffic accidents, and the death of traffic accidents (type 2): Punishment.

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