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(영문) 수원지방법원 여주지원 2015.06.24 2015고단363

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 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 Bmp truck.

Around 15:50 on January 23, 2015, the Defendant driven the above truck and proceeded along the intersection of the Ami-Sari-ri Si, e.g., bypassing from the front side of the wall to the front side at about 10km in speed.

In this case, the driver has a duty of care to prevent the accidents of pedestrians or other automobiles in the vicinity and safely drive them by properly examining the front side and the left side.

Nevertheless, the Defendant neglected this and failed to find out the victim C (80 years of age) driving a bicycle from the right side of the Defendant’s running direction to the left side of the instant truck without finding out the victim C (80 years of age) who passed the bicycle on the left side, and served as the front wheels of the instant truck.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on March 6, 2015 at the Aju University Hospital located in Young-gu World Cup 164, Young-gu, Suwon-si, Suwon-si, and caused the victim to die due to the diversopic shock, etc. among the hospitalization fees, at the Aju University Hospital.

Summary of Evidence

1. Defendant's legal statement;

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

1. CCTV filmings;

1. Application of Acts and subordinate statutes of a death certificate;

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. Although the cause of sentencing under Article 62(1) of the Criminal Act of the suspended sentence has resulted in a serious result of the death of the victim, the sentence shall be rendered in the same manner as the disposition is rendered in consideration of the fact that the defendant led to the confession and reflect of the crime, and