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(영문) 서울동부지방법원 2016.01.28 2015고단3401
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 D bus.

On July 13, 2015, the Defendant driven the above bus around 22:40, and proceeded at a speed of about 80 km in speed, depending on the two-lanes between the two-lanes of the city between the two-lanes in the narrow intersection and the narrow intersection.

At the time, night and the vehicles passing ahead are driven along, so in such a case, there was a duty of care to prevent accidents by safely driving the steering gear and the steering gear in such a way that the driver well sees the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the steering system.

Nevertheless, the Defendant received the back portion of the G Ra car, which was driven by the victim F (29 tax) who was driven in front of the bus due to negligence while neglecting it.

Ultimately, around July 14, 2015, around 07:10 on July 14, 2015, the Defendant caused the victim to die with multiple long-term damage at the I Hospital located in C of the Seoul Western-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A report on traffic accidents and a survey report on actual condition;

1. A death certificate;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence on the sentencing guidelines: Imprisonment without prison labor for up to 4 months to 10 months (type of crime); traffic accidents - General traffic accidents (type 2) - No special aggravation area - No person subject to special mitigation area: No person subject to special mitigation area - No person subject to punishment is subject to punishment (an endeavor to recover damage);

2. The Defendant’s decision of sentence reflects the Defendant’s fault in depth, and the Defendant finds out the damaged vehicle in front of the vehicle while driving the vehicle at a distance of the front room late and immediately operates the vehicle.

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