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(영문) 서울중앙지방법원 2013.11.15 2013고단6049
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 14:20 on July 25, 2013, driven a Dwork Radon on the left side of the crosswalk in Seongbuk-gu, Seongbuk-gu, Seoul, and proceeded at a speed of about 20 km to the speed of 46-1 speed from the end of the 20km away from the end of the 46-1 line, depending on the 46-1 line above the end of the 46-1 line. Since a crosswalk is installed at the front of the place, the Defendant installed the crosswalk. Therefore, despite the duty of care to check whether there is a person driving the road to reduce speed and to check the right and the right and the right and the right of the road, the Defendant neglected the operation of the crosswalk and caused the victim (e.g., the victim (e., the 42 years and the n) who was dried from the left side of the crosswalk to go beyond the road, thereby causing the victim’s death to the middle of the Gwork in Seongbuk-gu Seoul on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in relation to H;

1. Entry of each traffic accident report;

1. Statement of a written diagnosis of death;

1. Application of the provisions of each video Act and subordinate statutes through entry in a investigative report (CCTV analysis, etc.);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. The scope of the recommended sentence for the sentencing guidelines / [type] the traffic crime group, general traffic accidents, and the death of traffic accidents (type 2): Reduction factors: Penalty not (the scope of the recommended sentence]: April of imprisonment without prison labor for not more than 4 months - October (the area of mitigation);

2. Determination of sentence results in the serious result of the death of the victim due to the traffic accident in this case, and under the circumstances unfavorable to the defendant, the vehicle operated by the defendant is covered by a comprehensive insurance.

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