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(영문) 서울중앙지방법원 2014.09.19 2014고단5815
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, 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 engaging in driving a rocketing car.

On May 15, 2014, the Defendant driving the above car at around 17:30, and driving the road 1567 in front of the south cycle in Gwanak-gu in Seoul Special Metropolitan City along one lane in the direction of the eroscopic basin from the eroscopic road to the eroscopic basin, and driving the eroscopic road again into the eroscopic road. In such a case, the Defendant had a U-turn sign indicating the “eroscopic signal at the time of walking and turn to the left” on the front side signal at the time, so in such a case, a person engaged in driving service has a duty of care to take care of driving with the U.S., who is able to do so at a new

Nevertheless, the Defendant caused a traffic accident in which the victim D(29 years of age) driven by the victim D(29 years of age) who was driven under the New TBR100 U.S. EBR 100 U.S. driven by the victim D(29 years of age) who was driving in the new forest basin due to the negligence of breaking the central line of two straight lines in which the Defendant is unable to carry a U.S. as to the right side of the said car.

At around 17:54 on May 17, 2014, the Defendant caused the victim D to die due to the above occupational negligence, such as brain pressure due to cerebral pressure by the cerebral brain side at the Gangnam-gu Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A death certificate;

1. Each photograph;

1. A traffic accident report;

1. Application of investigation reports (verification of CCTV images, etc. in the field of the incident);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that an error is divided and that there is a smooth agreement with the bereaved family members of the victim);

1. Order of community service;

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