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(영문) 서울동부지방법원 2015.09.09 2015고단1992
교통사고처리특례법위반
Text

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

except that 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 driving a rocketing individual taxi.

On February 24, 2015, at around 21:00, the Defendant proceeded at a speed of about 53 km from the length of the square to the Gu, along with a three-lane road in front of the hotel to be changeder in 177 in Gwangjin-gu, Seoul.

At the time, the center line of yellow-ray was installed at night and at all times, so there was a duty of care to thoroughly drive the driver in the front line and to safely drive the car line.

Nevertheless, the Defendant neglected this and went to the right to the hotel to be left at the intersection of the tri-distance in front of the Defendant, due to the negligence of driving in advance the center line from the rith, in violation of the signal from the rith to the square distance, followed by the victim D (year 31) driving along the rith one lane, and turned to the front part of the “besmp” which the victim D (year 31) drives along the rith line.

At around 01:35 on February 25, 2015, the Defendant caused the death of the victim through the diversous shock from the emergency room of the Gangdong-gu Seoul Metropolitan Government Maddong heart hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A traffic accident report;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] In the event that the victim was negligent in causing traffic accidents or expanding damage even in the area of special mitigation (two to ten months) of the type of general traffic accidents (the special mitigation) (the special mitigation) (the victim is not subject to punishment [the decision of sentence], the Defendant committed an accident by breaking the central line, and the young victim of thirty-one years of age is the young victim.

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