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(영문) 서울서부지방법원 2016.02.02 2015고단3161
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low typ.

On October 12, 2015, the Defendant driven the said car as around 06:03, the Defendant driven the said car, and driven the three-lane three-lanes in front of the entrance distance of North Korea, Eunpyeong-gu, Seoul, North Korea, 348, along the two-lanes from the direction of the park in the direction of the river in the direction of the mountain.

At the time, there is a crosswalk installed at night and a signal apparatus at a front door, so there was a duty of care to prevent an accident by reducing the speed of the Defendant engaged in driving a motor vehicle, keeping the front door and the well well, and safely driving the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor on the right side of the victim D (Woo 73 years old) who opened the crosswalk in accordance with the pedestrian signals from the right side of the moving direction by the negligence of the right-hand turn to the left, and caused the victim to go beyond the floor.

Ultimately, the Defendant caused the victim to have the above occupational negligence in light of the foregoing 06:44 on the same day by the unification of Eunpyeong-gu Seoul Metropolitan Government, where the treatment was being conducted after the same day, to be caused by the cerebral brain damage and low blood shock in the sexual heart hospital located in 873.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on traffic accidents and a survey report on actual condition;

1. A death certificate and a written report of autopsy;

1. Application of each statute on photographs;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. by Traffic Accidents) (Article 8-1) (Article 3(2) of the Act on the Suspension of Execution (Article 62(1)) (Article 62(2) of the Act on the Suspension of Execution) where illegality in the basic area (Article 3(2) (Article 3(2) of the Act on the Suspension of Execution is serious (Article 3(2) (Article 3(1)) (Article 3(1)

, however, the victim.

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