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(영문) 서울동부지방법원 2015.01.08 2014고단3599
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

The defendant is a person who is engaged in driving a B-hand vehicle.

On September 2, 2014, the Defendant driven the above car at around 23:10, and proceeded at a speed of about 80 km from the west Station to the Gun-based zone, as Seoul Special Metropolitan City Gwangjin-gu, about 617 lanes.

The place is a road with a speed of 60 km per hour, and at that time, the place was driven by the late night.

In such a case, there was a duty of care to observe the speed limit and drive safely by checking the traffic situation in front of the vehicle.

Nevertheless, the Defendant neglected this and found it late to find the victim C (36 years of age) who was unclaimed on the right side of the running direction due to negligence of exceeding 32 km per hour and neglecting the speed of the speed of the vehicle at the front, and operated it rapidly. However, the Defendant failed to take the measure, thereby making the victim go beyond the ground by receiving the victim from the front part of the vehicle.

Ultimately, the Defendant caused the death at around 23:21 on the same day by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on traffic accidents and photographs (fields, vehicles, etc.);

1. A comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes concerning autopsys;

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

1. Selection of alternative imprisonment without prison labor;

1. The following circumstances and the defendant's age, character and conduct, family relationship, and crime within the scope of the applicable sentences (a general traffic accident, type 2 (traffic accident resulting) and the range of sentence according to the sentencing guidelines for traffic crimes (a special mitigation: a victim is not subject to punishment, and a victim is also negligent in the occurrence of a traffic accident) under Article 62 (1) ( considered favorable to the reasons for the suspended sentence) of the Criminal Act, within the scope of the applicable sentences (a general traffic accident, type 2 (traffic accident resulting in a traffic accident) and other circumstances as follows:

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