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(영문) 서울동부지방법원 2015.01.08 2014고단3507
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 engaging in driving a C-si.

At around 03:40 on August 19, 2014, the Defendant proceeded at approximately 79km in Si/Gun-based, along the three-lanes from the border of the Agsan Station, on the five-lane road in front of the 140-29 Han Bank, Jung-dong, Seoul Special Metropolitan City.

At the time, since the night is getting off, and the transition of the night, there was a duty of care to reduce the speed and to prevent the accident by driving safely by safe driving by keeping the front left well.

Nevertheless, the Defendant neglected this and did not discover the victim D(year 47) who gets the right side from the left side of the same speed due to the negligence of driving at the same speed without living well, and received the victim as the fronter of the taxi by the Defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. An accident vehicle photograph;

1. Bluices and CD images;

1. The Defendant and his defense counsel asserted that at the time of the instant case, the Defendant and his defense counsel had been crossing the crosswalks in the vicinity of the crosswalks among five-lane roads in which the victim scamed by using the black clothes on the new wall that the victim gets off at the time of the instant case. The Defendant, who normally driven the instant taxi, could not avoid shock by discovering the victim anticipated to cross without permission or by discovering in advance the victim who would cross the instant taxi without permission in such circumstances. Therefore, the Defendant is not liable for the instant traffic accident.

However, as at the time of the accident in this case, the driver's visibility or temporary distance is restricted compared to the situation where the driver's visibility or temporary distance is not so, while the driving distance of the vehicle increases, and even if there is a new wall coming from rain, the driver's without permission appears.

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