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(영문) 서울남부지방법원 2015.09.03 2015고단2476
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 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 the operation of the C Launa car.

On April 25, 2015, the Defendant driven the above car on April 20:29, and driven the front road in front of the city in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, to the airport in the direction of the airport in the direction of the airport in the direction of the city, approximately 40 km in the direction of the city.

At the time, a crosswalk is installed at night and there is no signal signal at the front door, so in such cases, there was a duty of care to prevent traffic accidents in advance by checking the front door and the left and right of the driver and checking whether there is a pedestrian who is passing the crosswalk.

Nevertheless, due to negligence of neglecting and proceeding on the left side of the Defendant’s driving vehicle, the Defendant did not find out the Victim F (29 years of age) with the left side of the Defendant’s driving vehicle, thereby becoming a victim of the Defendant’s driving vehicle.

At around 15:22 on May 8, 2015, the Defendant caused the death of the victim at the Central University Hospital Central University Hospital in Dongjak-gu Seoul Metropolitan Government due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there exists an agreement with the bereaved family members of the victim, and the fact that only one criminal defendant has been punished before and after

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents in Type 2 (Traffic Accident Death, etc.) (Special Mitigation) [including April to October] mitigated area (including a serious effort to recover damage), punishment not (including a serious effort to recover damage] [decision of sentence], although this case is not suitable for the nature of the crime as a crosswalk death accident, the recommendation sentence shall be made in consideration of the above circumstances, etc.

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