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(영문) 서울북부지방법원 2014.07.24 2014고단1833

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 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 of a C Poter cargo vehicle.

On April 15, 2014, the Defendant driving a above cargo vehicle around 16:30 on April 15, 2014, and driving a 18-lane road at the center of Seongbuk-gu Seoul, Seongbuk-do, in the direction of windows, citizens are proceeding in the direction of event distance.

After temporary parking on the side of the road, both rear wheelss are unable to move the vehicle any longer than before they move from the floor due to the boundary stone of the rear wheels.

Since the above place is a slope to the rear direction of the above cargo vehicle, despite the fact that there was a duty of care to prevent accidents by taking appropriate measures, such as harming the cargo vehicle from being pushed ahead of it, or tringing the wheel part of the wheels, the above place has been negligent in doing so, and at that time, the defendant and the victim D (35 years of age) who had agreed to talk with the defendant at that time, attempted to move the back wheel part of the above cargo as well as the victim, while trying to move the back wheel part of the above cargo, the above cargo was pushed back to the rear, and caused the victim to walk between the cargo vehicle's loaded part of the above cargo vehicle and the street etc., and go beyond the road.

On April 15, 2014, the Defendant caused the victim to die due to blood, chests, blood clothes, etc. at F Hospital located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, around 18:02.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. A death certificate;

1. On the spot, vehicle photographs, and dead photograph;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

1. Reasons for sentencing.