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(영문) 서울동부지방법원 2016.03.09 2015고단3743
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 frighting car.

On November 6, 2015, at around 07:55, the Defendant, at the entrance of Gangdong-gu Seoul Metropolitan Government Aririro 379-5 (Seoul High-dong), proceeded three-lanes in front of the intersection at the entrance of the said entrance, which is located in Gangdong-gu Seoul Metropolitan Government (Seoul High-dong), along the three-lanes from the mouth of the Triri-dong.

At all times, there was a crosswalk where signal lights are installed, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by checking the front door well.

Nevertheless, the defendant neglected this and did not look well before, but did not violate the left-hand turn signal, which was caused by the negligence of violating it, and immediately left-hand turn, and the victim E (the age of 37) who was crossing the crosswalk from the right-hand side of the defendant's proceeding direction to the left-hand side of the crosswalk according to the pedestrian signals.

Ultimately, the Defendant caused the death of a victim, who was sent to the Gyeong-dong University Hospital located in Gangdong-gu Seoul, Gangdong-gu, 892 at the scene of the accident due to the foregoing occupational negligence, resulting in the death of the victim on November 13, 2015, which was transferred to the Gyeong-dong University Hospital located in Gangdong-gu, Seoul.

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 regard to F;

1. Each internal investigation report and investigation report;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A death certificate;

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 (Selection of Imprisonment without prison labor);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the basic area (eight months - one year and six months) of the two types of traffic accidents (the death of traffic accidents) [the person subject to special sentencing] / In the case where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the decision of sentencing], the defendant denied the original obvious signal violation and claimed the victim's unauthorized crossing.

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