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(영문) 서울남부지방법원 2014.11.14 2014고단2498
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On June 10, 2014, the Defendant driven the above taxi on June 17, 2017:43, while driving the three-lane of the three-lane of the front of the treatment apartment, which is located in the 106-lane of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, in two-lanes along the two-lane distance from the center of distribution street to the speed of about 40km from the center of distribution street, the Defendant changed the bus lane to three-lane of the right side of the bus exclusive road.

The location is an intersection with a large passage of vehicle, and a crosswalk is installed on the front side, so in such a case, there was a duty of care to reduce the speed of a person who is engaged in driving business to enter a vehicle or a crosswalk, to ensure the right and the right of the road, and to drive safely.

Nevertheless, the defendant neglected this and found the victim D (Woo 69 years old)'s bicycle driving on the right side of the road without the permission from the left side of the road due to the negligence of keeping the front side and the left side of the road, and did not avoid it, but did not go beyond the floor and did not get the victim's bicycle going beyond the floor.

As a result, the Defendant caused the death of the victim due to brain training in the Onlock University, 63-10, Yeongdeungpo-gu, Seoul Metropolitan Government, where the victim was under the follow-up treatment at around 12:58 on June 13, 2014 due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. The actual condition survey report;

1. Blockbbox images (C) and photographs of collisioned parts;

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

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the instant intersection for the reason of sentencing an imprisonment without prison labor sentence was installed. At the time, the instant intersection was immediately after the vehicle stop signal was changed to the proceeding signal, and the Defendant was proceeding before.

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