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(영문) 서울남부지방법원 2014.02.05 2013고단4715

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 one year 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 cargo vehicle B.

On September 5, 2013, the Defendant driven the above cargo vehicles around 12:45, and operated the front cycle of 410-5, Yangcheon-gu, Seoul, New-dong 410-5, along the south cycle from the Western Cargo Terminal to the 4-lane of the Kimpo Airport.

Since there is a place adjacent to India and motorway, there was a duty of care to prevent traffic accidents in advance by accurately operating the steering system and the steering system and the steering system.

Nevertheless, in order to change the lane from four lanes to three lanes, the Defendant left the left side of the way, and did not keep the right side of the direction of the direction, and took a bicycle on the same side with the same side of the road, and caused the victim C(54 years old) who was driving a bicycle on the same side with the prohibition line of stopping and the boundary line of the Indian seat to the right side of the above cargo of the Defendant to go beyond the road.

Ultimately, around September 6, 2013, around 14:30 on September 6, 2013, the Defendant caused the death of the victim due to the cerebral cerebral ma in the E hospital located in Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes for report on internal affairs (the analysis of film records);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the first crime committed by the defendant and against his mistake, and the agreement with the victim's bereaved family members).