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(영문) 서울북부지방법원 2015.06.23 2015고단923
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 engaged in Csi driving service.

On January 19, 2015, the Defendant driven the above taxi on January 23:56, 2015, and led the Samyang-dong distance in 255, Seoyang-ro, Gangnam-gu, Seoul, to proceed from the right side of the road to the right side of the friendly movement.

At the time, night and there were many pedestrians frequent, so a person engaged in driving of a motor vehicle has a duty of care to live well before and after the accident and to prevent the accident.

Nevertheless, the defendant did not discover the victim D (the age of 35) who has crossed the crosswalk on the right-hand side of the road without permission due to the negligence of neglecting this, and did not discover the victim D (the age of 35) and got the victim into the front right-hand side of the above taxi and got the victim up to the floor.

Ultimately, around 00:18 on January 20, 2015, the Defendant caused the victim to die due to the damage to the two traumas at the Seongbuk University Hospital located in Seongbuk-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes on a written autopsy;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] of the General Traffic Accidents in Type 2 (Special Mitigation Area) (2) (2 to 10 months) (Special Mitigation Area) where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage, not subject to punishment (including serious efforts to recover the damage) (limited to the decision of sentence] three times the defendant violated traffic regulations, and the result is that the victim is dead due to the traffic accidents in the instant case.

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