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(영문) 서울동부지방법원 2015.11.05 2015고단2443
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2015, the Defendant driven the city bus No. C 30-1 on June 25, 2015, and proceeded at a speed of about 61 km from the ecological park shooting distance to the upper school, depending on five lanes in front of the charging station in Gangdong-gu Seoul Metropolitan Government E-lane D.

At the time, there was a duty of care to prevent accidents in advance by reducing speed and driving safely by checking well the right and the right of the driver.

Nevertheless, the Defendant failed to discover the victim F (48 years of age) who was crossing the right side of the course from the left side of the instant bus by negligence while neglecting this, and did not find out the victim F (48 years of age) who was driving ahead of the said bus with the front side of the said bus, and stopped approximately 75 meters when the victim was pushed down under the vehicle, leading about about 75 meters while the vehicle was pushed down, and caused the said victim to death by a low-blood shock shock at the emergency room of the Seoul Asan Hospital located in Songpa-gu Seoul Olympic Games around 23:12 on the same day.

Summary of Evidence

1. Defendant's legal statement;

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

1. A death certificate;

1. Comprehensive traffic accident analysis replies;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following matters in light of the reasons for sentencing);

1. The scope of the recommended sentence on the sentencing guidelines: A credit cooperative for April to October (criminal type): a traffic crime - a general traffic accident - a traffic accident - a mitigated area - a special mitigation area - a victim has a substantial negligence in the occurrence of a traffic accident or the expansion of damage (an effort to recover damage) where the victim has committed considerable fault in the occurrence of a traffic accident or the expansion of damage;

2. The decision-making defendant reflects his fault in depth and the victim is under the influence of alcohol.

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