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(영문) 서울남부지방법원 2016.02.11 2015고단5479
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CCA110B Oba.

On November 7, 2015, the Defendant driven the above Oral Ba on the 17:52th day of November, 2015, and driven a four-lane road in front of Yangcheon-gu Seoul Metropolitan Government D, along the four-lane distance from the military unit distance of air transport to the 45-50km in speed.

At the time of night, the front door door of the road was passed due to getting off the road at night, and there was a crosswalk installed at the front door, so the driver of the motor vehicle had a duty of care to check whether there is a person who gets on the road to reduce the speed and to see well the front door, and prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim E (the age of 68) who crosss the above road to the right side from the left side of the defendant's running direction without permission, and caused the victim to go beyond the road by shocking the victim's front part of the above Oral Sea.

Ultimately, around November 18:14, 2015, the Defendant caused the death of the victim from G hospital located in Yangcheon-gu Seoul Metropolitan Government F due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with H;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Reports on internal accidents ( telephone conversationss of wooden persons) and investigation reports (in relation to the victim crossing places), respectively (in relation to signals to the victim's progress),

1. Image photographs related to accidents and photographs related to accidents;

1. Application of Acts and subordinate statutes to autopsy records and autopsy records;

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 of the suspended sentence [the scope of recommending punishment] The general traffic accident type 2 (Death by Traffic Accidents) is subject to the special mitigation area (two months to ten months) (the victim is also subject to special mitigation). The occurrence of traffic accidents or the expansion of damage.

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