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(영문) 서울남부지방법원 2015.07.09 2015고단759
교통사고처리특례법위반
Text

Defendant

A shall be punished by imprisonment without prison labor for six months and by imprisonment without prison labor for four months, respectively.

, however, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person engaged in driving a FMW car, and Defendant B is a person engaged in driving a G rocketing car.

On November 23, 2014, at around 18:04, the Defendants followed the three-lane road in front of Yeongdeungpo-gu Seoul Metropolitan Government H in order to be approximately 60K meters per hour according to the two-lanes, and the Defendant B proceeded at about 55 KK per hour according to the one-lane.

At the time, there was a frequent passage of pedestrians, and thus, there was a duty of care to prevent accidents by accurately manipulating the steering system, steering system, and steering system of a motor vehicle and to prevent accidents.

Nevertheless, the Defendants’ negligence, while neglecting the right-hand and right-hand city, found the victim I (the age of 56) who was in operation on the above road late, followed the victim by the above BMW car. After the Defendant B discovered the victim who was in operation on the first road due to the first accident, the victim was delayed and the victim was in operation on the second two-lane.

Ultimately, around November 23, 2014, at around 18:15, the Defendants conspired to cause the victim to die due to the above occupational negligence, and caused the death of the victim due to the cerebral cerebral brain injury at the Korea University Medical Center Hospital located in Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of the witness J;

1. Each police interrogation protocol against the Defendants

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes to the comprehensive traffic accident analysis report, one body autopsy report and an autopsy and appraisal report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Selection of Imprisonment without prison labor, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act for suspended execution [the scope of recommendation] general traffic accidents in the category II (the death of traffic accidents).

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