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(영문) 서울서부지방법원 2015.06.09 2015고단908
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a C-si.

On February 23, 2015, the Defendant operated the said taxi as his duties on February 21, 2015, and continued to drive the 4-lane road near Eunpyeong-gu Seoul Metropolitan Government D along one-lane from the mountain basin to the mountain intersection.

At the time, since it is at night, the defendant engaged in driving business has a duty of care to prevent accidents by safely driving the vehicle by reducing speed and checking well the front left.

Nevertheless, the defendant neglected this and did not discover the victim E (the age of 87) who was crossing the road from the left side of the proceeding direction to the right side, and received the victim's right side part such as the upper part above the left side of the taxi, and caused the victim to go beyond the floor.

Ultimately, at around February 24, 2015, the Defendant caused the victim to die due to a sudden suspension of the blood amount reduced due to the eromatic shocks caused by the eromatic shocks in the so-called Seodaemun-gu Seoul, Seoul, and the 50-1 main body of the medical department Symna University Cym Hospital at the University Symnae University Cym Hospital located in the 50-1 main body of the after-payment treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report;

1. A death diagnosis report and a written record of autopsy;

1. Screening pictures to close a scene of an accident or CCTV for vehicles;

1. Application of investigation reports (related to the speed of suspect vehicles at the time of the accident)-related Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is the reason for sentencing under Article 62(1) of the Criminal Act in general traffic accidents (the range of recommending punishment] in cases where the victim is negligent in causing traffic accidents or expanding damage even in the area of special mitigation (the period between February and October) (the special mitigation).

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