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(영문) 서울서부지방법원 2014.09.02 2014고단1600
교통사고처리특례법위반
Text

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

except that 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 Bbents SMAT car.

On April 24, 2014, around 20:54, the Defendant continued to make a internship in the opposite direction while driving a road in front of the Seodaemun-gu Seoul Western-ro 86 (Shee-dong) along the first-lane of the road from the Seodaemun-gu Cheong-gu Gyeong-si, Seoul.

At the time, the center line of the yellow-ray is installed at night, and there is a place, so a person engaged in driving service has a duty of care to thoroughly see the front-time and to safely operate the car and prevent accidents.

Nevertheless, the Defendant neglected this and found that the injured party C(34 years of age) driven by the injured party C (34 years of age) who was driving on the opposite side due to the negligence of the central line, late behind the GTS30 EV two-wheel automobiles, and the injured party operated the brake system to avoid the Defendant’s car, but did not stop, and did not go beyond the right side, and did not go beyond the two-wheeled vehicle of the injured party, the front side of the Defendant’s two-wheeled vehicle of the front side.

Ultimately, around April 24, 2014, at around 21:16, the Defendant caused the victim C to die while sending the victim C to an emergency room at the Systroon University C.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A traffic accident report, a body autopsy report, and on-site photographs;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the circumstances on which the reasons for sentencing are indicated below) [the scope of recommendation] of the general traffic accident category 2 (Death, etc. of traffic accidents) (Article 8-1 and 6) of the basic area (Article 3(2) of the Criminal Act (Article 3(2) of the Act on Special Cases concerning the Punishment, etc. of Traffic Accidents) is serious.

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