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(영문) 서울남부지방법원 2016.10.20 2016고단2837
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Drash driver car.

On March 5, 2016, the Defendant driven the said car on March 5, 2016, and led the Defendant to drive the said car along the two-lanes in the direction of the Goyang-gu Police Station in the direction of the Goyangyang-gu Office, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul.

At the time, since it is a night and an intersection where a signal is installed, the driver of the motor vehicle has a duty of care to observe the signal and drive the motor vehicle safely by thoroughly performing the duty of fronting.

Nevertheless, the defendant neglected this, and caused the victim E (the age of 27) who walked on a marina road due to the negligence of entering the intersection of yellow knife, in violation of the signal, to the left side of the vehicle of the defendant.

Accordingly, at around 02:10 on April 5, 2016, the Defendant caused the victim to die with cerebral blood at G Hospital located in Soyang-gu, Seoyang-gu, Gyeonggi-do around 02:10.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, accident and booms image photographs, death diagnosis report, and investigation report (fluor video flafing);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Circumstances in favor of the reasons for sentencing under Article 62 (1) of the Criminal Act: The first offender, the fact that the automobile comprehensive insurance is subscribed to, and the victim was crossing the crosswalk in excess of the crosswalk signal to cross-section, and the occurrence of an accident occurred while crossinging the crosswalk to the center. The occurrence of the accident also contributed to the fault of the victim in the occurrence of the accident, and the amount of KRW 30 million deposited in order to compensate the bereaved family members of the victim

It is disadvantageous to 0: the defendant's proceeding beyond the vehicle stop line and the accident occurred even though the defendant's direction signal, etc. was changed to yellow signal, etc.

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