beta
(영문) 서울서부지방법원 2013.05.21 2013고단715

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3...

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

At around 23:10 on February 21, 2013, the Defendant continued to run a four-lane road of 402-30 ahead of Mapo-gu Seoul, Mapo-gu, Mapo-gu, Seoul, at a speed of about 50km along the three-lanes from the new village boundary to the erode of the erode of the erogical renal station.

At the time of night, the passage of crys is the night, and the passage of the front door, so there was a duty of care to reduce the speed and prevent accidents in advance by well examining the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim D (the age of 60) who illegally crossed the road on the right side from the mast left side of the mast where he was negligent and did not view the front side properly, and did not discover the victim D (the age of 60) and had the victim go beyond the ground by receiving the parts of the victim's body in front of the taxi and the Bows part.

Ultimately, the suspect caused the victim to die due to the above occupational negligence on the 22th of the same month at the emergency room of the F Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government E, which was under the follow-up treatment at around 07:11 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. G statements;

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

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Maternity, joining a mutual aid association, agreement, no special criminal record, and negligence of the Deceased);

1. Article 62-2 of the Criminal Act on community service order;