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(영문) 서울북부지방법원 2014.10.23 2014고단2507
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

On April 10, 2014, the Defendant driving a F taxi as a job around 07:50 on April 10, 2014, and changed the three-lanes of the apartment of the offset Jeju-ro 7 apartment complex located in Seoul Special Metropolitan City, Nowon-gu, to the opposite side of the road in front of the apartment of the offset Jeju-ro 7 apartment complex located in the Nowon-gu, Seoul to the opposite side of the road, while changing the lanes from the Nowon-gu to the opposite side of the road into the fourth lane, due to the negligence that did not properly examine the front and rear and the left side of the G (17 years old) driving in the direct way in accordance with the fourth lane of the same direction, and caused the victim to die at the right side of the said taxi on April 11, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes on comprehensive traffic accident analysis and replies;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (as the defendant has no record of punishment for the same crime as the aged of 75, considering that there is no history of punishment for the crime of this case, confession of the crime of this case and reflects depth, that there is negligence of proceeding with bus exclusive lanes without wearing safety caps even the victim at the time of the accident, that there was an agreement with his bereaved families

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