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(영문) 서울북부지방법원 2013.12.19 2013고단2526

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a CT 2.5t tower.

On July 3, 2013, the Defendant driven the above vehicle around 04:40 on July 3, 2013, while proceeding at a speed of about 30 km in speed from the edge of the shooting distance of Yongsan-gu, Dongdaemun-gu to the upper end of the mamlight, whichever is about 30 km.

In this case, the driver of the vehicle has a duty of care to properly operate the steering system, brakes and other devices of the vehicle, and to safely report the traffic situation of the front side and prevent the accident in advance.

Nevertheless, the defendant neglected to do so and neglected to go on the front side of the driving vehicle of the victim D (the 55-year-old) who gets a bicycle on the left side of the running direction from the negligence that led to the failure of the defendant to go on the front side of the driving vehicle, and led about 2-3 meters to the victim who was above the ground floor.

The Defendant by occupational negligence caused the death of the victim at the site due to cerebrovascular, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes on accident site photographs;

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. Article 62 (1) of the Criminal Act;

1. The punishment shall be determined in consideration of all the circumstances, including the fact that the result of the crime committed 62-2 of the Social Service Order Criminal Act / the result of the crime and the victim's bereaved family members did not reach an agreement, but the defendant's mistake is pened in depth and deposited 30 million won in the future of the bereaved family members, the first offense is the first offense, and the vehicles are subscribed to mutual aid;