(영문) 서울동부지방법원 2015.05.14 2015고단739

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(영문) 서울동부지방법원 2015.05.14 2015고단739

교통사고처리특례법위반

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

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

Reasons

Punishment of the crime

On January 14, 2015, the Defendant was driving a franc vehicle B, B, III, and the Defendant continued to drive the franc vehicle along the four-lanes in front of the Seoul Gangdong-gu Seoul building at the village street protection zone located along the six-lanes in front of the Seoul building.

At night and at the same time, there is a range of 60 km speed, so in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by complying with the speed limit and safely driving the motor vehicle by checking well.

Nevertheless, the Defendant neglected this while driving a limited speed exceeding 40 km, caused the victim's side of the victim D (the 72-year-old) 125 o'clock in the direction of the Defendant's main road to the Defendant's main road in the direction of the operation of the victim D(the 72-year-old) by negligence in the course of his duties, which led the victim to the victim's death into the main road in Songpa-gu Seoul Olympic Games around 05:45 o'clock in Seoul, Songpa-gu, 43 88 o's main road in the direction of the operation of the defendant's vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. A traffic accident report;

1. A death certificate;

1. Application of statutes on field photographs;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that there was a serious result of the death of the victim due to the care of the defendant, but there was no criminal record for the defendant, that there was no criminal record for the same kind of crime, that there was a smooth agreement with the bereaved family members of the victim, that the freight of this case is covered by a comprehensive automobile insurance, and that the negligence of the victim seems

1. Social service order under Article 62-2 of the Criminal Act;

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