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(영문) 서울서부지방법원 2015.12.29 2015고단2819
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 of a DNA-learning car.

On September 22, 2015, the Defendant driven the said car on September 22, 2015, and proceeded at a speed of about 60 km in the speed of 30 km in the direction of the intersection from the Han River in the direction of the Han River road along the four-lane road in front of Yongsan-gu Seoul, Seoul.

At the time, a crosswalk is located at night and located at a point of 83 meters in front of the direction of the proceeding, and in such cases, a person engaged in driving service has a duty of care to prevent accidents by driving safely, such as checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right,

Nevertheless, the Defendant neglected to do so and went on as is, instead of negligent negligence, received the part on the right side of the victim F (72 years old) who crosses the crosswalk on the right side of the pedestrian red signal from the left side of the defendant's vehicle, and received the front part of the victim F (72 years old) who crosses the crosswalk.

Ultimately, the Defendant caused the victim’s death by occupational negligence as a result of two damage from the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A written statement of the G production;

1. A corpse of autopsy and a statement of opinion;

1. Each photograph;

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. In the event of the occurrence of the instant accident on the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s liability for the crime is not minor in light of the content of the Defendant’s negligence and the consequences of the instant accident in which the victim died.

On the other hand, the victim is also able to cross the crosswalk of the fourth line road in which the passage of the vehicle is frequent at night in violation of the pedestrian signal, the vehicle of the defendant is covered by the comprehensive insurance, and the defendant is the victim's bereaved family.

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