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(영문) 서울동부지방법원 2016.10.26 2016고단2676
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for 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 DNA car.

On June 27, 2016, the defendant driving the above car on the 19:10 on June 27, 2016, and driving a three-lane of the Korean Red Cross, which is located in 356, Gosan, Seongdong-gu, Seoul, along one lane, led to the opposite direction in the vehicle of the Seoul Facilities Corporation, making the U.S. in an influence.

Since there is a center line of yellow solid lines, there was a duty of care for those engaged in driving cars to make a internship at the permissible point of internship.

Nevertheless, the Defendant neglected this and got the center line to her by the negligence, and the victim E (the 33 years old) driven by the two-lanes in the opposite line, which was driven by the two-lanes of the two-lanes in the opposite line. The front part of the Oralone is the front part of the vehicle, and the victim was faced with the front part of the vehicle in front of the defendant's vehicle and got the vehicle over the road.

Accordingly, the Defendant caused the victim to die due to the above occupational negligence at the Hanyang University Hospital located in Seongdong-gu Seoul Metropolitan Government 222-1, around 20:08 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning G;

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

1. Protocol of autopsy and written diagnosis of death;

1. Application of the Acts and subordinate statutes to each photograph, boom, video-fashion screen;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

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

1. A person who is under special mitigation in the basic area ( April-1) of the second category of traffic accident (the death of traffic accident) under the grounds for sentencing under Article 62-2 of the Criminal Act of the community service order: In the event that illegality in the proviso of the same Article is serious, a special mitigation person: the defendant who is not subject to punishment [the decision of sentence] is the central line.

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