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(영문) 서울남부지방법원 2013.10.24 2013고단3128

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 a motor vehicle in B.

피고인은 2013. 7. 18. 16:15경 위 승용차를 운전하여 서울 강서구 화곡동 98-99에 있는 볏골공원 앞 이면도로를 화곡구도로 방면에서 화일초등학교 후문 방면으로 시속 약 30km로 진행하게 되었다.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate devices, such as steering gear, brakes, etc. of the motor vehicle, shall not drive a motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents by safely reporting the traffic conditions in the front and rear sides and safely driving.

Nevertheless, the defendant neglected this and runs down on the right side of the road due to the negligence of driving on a roadside while driving.

The part of the victim C(the age of 67)'s right bridge coming from the edge of the road on the left side of the Hand was received from the right panion and Bos of the said car.

Ultimately, around 08:01 on August 4, 2013, the Defendant caused the victim to die by cerebral typhe and cerebral typhe in the E Hospital located in Yangcheon-gu Seoul Metropolitan Government, due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death diagnosis report and a written record of autopsy;

1. Application of Acts and subordinate statutes to report internal accidents (to peruse and read CCTV video data installed near the scene of an accident for crime prevention);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that the victim has agreed with