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(영문) 서울서부지방법원 2016.08.23 2016고단1762
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving for C.

On May 31, 2016, the Defendant driven the above vehicle around 08:05 and proceeded along the three-lane of the 413-lanes of the Eunpyeong-gu Seoul Metropolitan City History 413 New History Do, the Defendant was moving to the right bypass at a speed that is impossible to be known from the new intersections to the new intersections of the atmosphere, while driving along the three-lanes of the said vehicle.

Since a crosswalk is installed in the front door, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a person engaged in driving service is a person who gets a road by reducing speed and by properly examining the front door and the right and the right.

Nevertheless, when the defendant neglected to do so and proceeds as it is, the defendant was placed on the right side of the vehicle in which the victim D (the 72-year old age), who walked on the crosswalk pursuant to the pedestrian signals from the left side of the vehicle in which the defendant was in operation, and received the bridge in front of the right side of the vehicle in which the defendant was in operation.

Ultimately, the Defendant caused the victim’s death by occupational negligence immediately after the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report (1), (2), postmortem inspection report, and corpse inspection report;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the selection of imprisonment without prison labor for

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. General traffic accidents, death of traffic accidents, and basic areas of punishment to be recommended: 8 months to 2 years without prison labor: Reduction or exemption under the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents: Reduction or exemption under the proviso to Article 3 (2) 1 and 6: Exemption from punishment (agreement with

2. Whether to suspend the execution;

(a)For adverse factors: traffic accidents in the event of death results;

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