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(영문) 서울북부지방법원 2014.10.30 2014고단3412
교통사고처리특례법위반
Text

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

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 engaged in driving a C-A-Wurt Motor Vehicle.

On September 5, 2014, the Defendant driven the above vehicle at around 17:30, and driven the above vehicle, leading the roads in front of 127, Seongbuk-gu, Seoul to the front Yung-ro, Seongbuk-gu, Seoul, to the front gate of the Korean University.

Since the safety zone and center line of yellow-ray are installed on the left-hand side of the running direction, in such a case, the driver had a duty of care to live well in the front left and to prevent the accident in advance by driving safely along the lane.

While neglecting this, the Defendant was negligent in entering the said safety area, rather than the U.S. branch, and invaded the central line, and was negligent in doing so with the view to making a U.S. as a part of the victim D(35 years old) driving on the left side of the U.S. E-to-hand in the opposite direction, and received the parts above the right side of the said vehicle.

The Defendant, by having the victim go beyond the road due to such occupational negligence, caused the victim to die in the emergency room of the Ansan Cancer Hospital of Korea University, located in the Seongbuk-gu Seoul High Village 73, where the victim was under the follow-up treatment around September 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

1. A death certificate;

1. Application of the photographic 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, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

Reasons for sentencing

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of the recommended sentence for the sentencing guidelines / [type] traffic crimes, general traffic accidents, and the death of traffic accidents (type 2): Reduction element of punishment is not punishable (agreement).

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