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(영문) 서울동부지방법원 2015.10.08 2015고단2358
교통사고처리특례법위반
Text

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

except that 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 who is engaged in driving a bus B.

On June 29, 2015, the Defendant driven the above bus on June 23:50, and driven the front road of Songpa-gu Seoul Metropolitan Government C at a speed of about 70 km per hour according to the Central bus exclusive lane from the bank of the area to the remote market basin.

At the same time, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service is a person who gets off the way to reduce the speed and see well the front door, as it was installed at night on the road, and at that time, there was a duty of care to prevent accidents.

Nevertheless, the Defendant neglected the duty of front-time care and went beyond the speed of 60km per hour by negligence in excess of the speed of 60km per hour, and caused the victim E (the age of 46) to go beyond the roadway by the front part of the bus.

Ultimately, around 00:26 on June 30, 2015, the Defendant caused the victim to die in the emergency room of the Seoul Asan Hospital in Songpa-gu Seoul Olympic Games at around 88, 43-gil, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, actual condition investigation report;

1. A postmortem report and a written result of autopsy;

1. Videos recorded in black boxes;

1. Each report on investigation;

1. Application of each statute on photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence on the sentencing guidelines: Imprisonment without prison labor for not less than four months to ten months (criminal types): Traffic crimes - General traffic accidents - The area of mitigation of traffic accidents (the recommended area) - the area of mitigation of special mitigation - the area of mitigation of punishment (the efforts to recover damage) ;

2. The decision-making defendant reflects his fault in depth, and the victim has a five-lane letter at night.

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