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(영문) 서울남부지방법원 2015.12.29 2015고단3898
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a C-si.

On June 25, 2015, the Defendant, while driving the above taxi at around 23:39 on June 25, 2015, was proceeding in the front of Yeongdeungpo-gu Seoul Metropolitan Government, and the Defendant started to start with the U.S. vehicle, and started to start with the U.S. vehicle following the defect.

At the time, the defendant was at night, and he was at night, so that the defendant had a duty of care to see the front door and prevent the accident by slowly driving.

그럼에도 불구하고 피고인은 이를 게을리 한 채 전방을 주시하지 않고 막연히 속력을 높여 직진한 과실로, 피고인의 전방에 서 있던 피해자 E(46세)를 피고인이 운전하는 택시 앞부분으로 들이받아 그 충격으로 피해자가 튕겨져 나가 땅에 떨어지게 하였다.

Ultimately, around 09:25 on June 28, 2015, the Defendant caused the victim by occupational negligence to die with cerebral livers caused by cerebral cerebral ties at the Gacheon-ro Seoul Metropolitan Government Gacheon-gu Hospital affiliated with the Gacheon-gu Hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The actual survey report on each traffic accident;

1. A comprehensive analysis of traffic accidents;

1. A death certificate;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the reason for sentencing under Article 62(1) of the Criminal Act in general traffic accidents in the following cases: (a) the area of special mitigation (two to ten months) (special mitigation) (including special mitigation) where there is considerable fault in the occurrence of traffic accidents or the expansion of damage; (b) the victim is not subject to punishment (including efforts to recover damage); (c) the decision of sentence is not easy in light of the defendant's negligence and degree of damage; but the defendant is recognized as a substitute for and against the crime.

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