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(영문) 서울북부지방법원 2015.06.11 2015고단1222
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

The defendant is a person who is engaged in driving a car in a SP area B.

On December 24, 2014, the Defendant driven the above vehicle on December 24, 2014, and continued the distance prior to the Dowing Station located in Dobong-gu Seoul Metropolitan Government in the direction of one stop box from the direction of the Dowing Station.

At this point, there were many pedestrians around the crosswalks with signal lights, so there were duty of care to prevent accidents in advance by seeing the steering gear and accurately operating the steering gear and brakes.

Nevertheless, due to the negligence of neglecting this, the victim C (55 years old) who was laid on the right side from the left side of the above crosswalk in violation of the marina pedestrian signal, was not considered as the victim C (55 years old) and was received as the front part of the above car, and the victim was over the victim.

Ultimately, around 02:50 on December 25, 2014, the Defendant caused the death of the victim due to brain livering expenses at a set-off hospital located in Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage even to the victim in the area of special mitigation (two to ten months) (special mitigation) (including efforts to recover damage) under Article 62(1) of the Act on the Suspension of Execution, the victim is not subject to punishment (including decisions on the suspended sentence] under Article 62(1) of the Act on the Suspension of Execution, and the victim is not subject to punishment under the agreement with the victim's bereaved family members, and the occurrence of the instant accident.

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