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(영문) 서울남부지방법원 2015.03.19 2015고단229
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 the operation of Cstststa taxi.

On January 5, 2015, at around 20:20, the Defendant, while proceeding three-lanes road of Guro-gu Seoul Metropolitan Government 218, East-do from the side of the error or item, was making a U-turn.

At the time of night, there was a flow of the front night view due to the offcoming of the rain, and there was a place where the center line of yellow solid lines is installed, so the driver of the vehicle has a duty of care to thoroughly see the front hour in the front and to make a U-turn at the permissible point of U-turns.

Nevertheless, the Defendant neglected to do so and got her to the left side of the road from the direction of the defendant's course to the port when the defendant her walkeded by the driver's negligence, and turned the victim D (67 years of age) to the right side of the defendant's walk to the front of the taxi.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Guro-gu Seoul Metropolitan Gyeongsung Hospital, which was receiving a back-to-date treatment on January 10, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] general traffic accidents in Article 62(1) of the Criminal Act where the victim is at considerable negligence in the area of mitigation (in April to October) (special mitigation) of traffic accidents in the area of mitigation [decision of sentence] (decision of sentence] the defendant's negligence and degree of damage, etc. However, the criminal liability is heavy in light of the defendant's negligence and degree of damage. However, the fact that the defendant recognizes and reflects the crime, that the defendant agrees with the victim's bereaved family members, that the defendant has no criminal power except for the minor fine imposed once by around 1972.

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