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(영문) 서울동부지방법원 2014.07.21 2014고단1338
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 engaging in driving a rocketing car.

On March 31, 2014, the Defendant driven the above car at around 17:10, and driven the three-lane road in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City at about 529:0 km from the northwest of the Olympic Zone to the speed of 60km from the northwest of the Olympic Zone.

Since there is a crosswalk where a signal, etc. is installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a road by reducing speed and checking the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this, while continuing to proceed at the same speed as the signal for the stop of the vehicle, found the FObab, which was driven by the victim E (the age of 58) crossing the crosswalk from the right side of the crosswalk in accordance with the pedestrian signals, late later, and operated it to avoid this. However, the Defendant did not avoid it, and caused the victim's head by receiving the victim's head from the front part of the car in front of the driver's car, and caused the victim's head to the asphalt floor.

Ultimately, the Defendant’s occupational negligence in causing the same injury to the victim.

4.3. Around 22:13, at the G Hospital’s intermediate disease room, the death was caused by brain liver function transfer and cardiopulmonary suspension.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report and a photograph of CCTV images taken;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The legal grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., shall be limited to the applicable sentencing range (a imprisonment without prison labor for not more than five years).

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