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(영문) 서울남부지방법원 2016.01.28 2015고단4042

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 Obaba in C.

On May 16, 2015, around 14:40 on May 16, 2015, the Defendant driven the front road of the building B in Yangcheon-gu Seoul Metropolitan Government with the above Oralba, leading one lane along one lane.

In such cases, the driver has a duty of care to properly see the right and the right and the right and the right and the right of the driver, and to prevent the accident by properly manipulating the steering gear.

Nevertheless, the defendant neglected this and did not discover the victim E (V) who was crossing the road on the right side from the left side of the direction of the defendant's proceeding to the left side of the defendant's proceeding due to the negligence and did not discover the victim E (V, 72 years of age) and received the victim entirely.

Ultimately, around 02:02 on June 26, 2015, the Defendant caused the victim’s death by occupational negligence due to the following: (a) the Plaintiff was receiving medical treatment from the Gancheon Women’s University’s University and the Gandong Hospital located in the University of Yangcheon-gu Seoul, and caused the victim’s death by blood transfusion and fluoring the fluort brue, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A traffic accident report, a traffic accident occurrence report, and on-site photographs;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Traffic Accident No. 2 (Death by Traffic Accidents) (from August to one year and six months) in the basic area (the person subject to special sentencing] [the decision subject to sentencing] [the decision subject to special sentencing]] in the point of the occurrence of the serious result of the death of the accident in this case, the responsibility for the crime is heavy.

However, the defendant seems to have no gross negligence, the victim is negligent in crossing without permission, and the accident is covered by the integrated insurance.