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(영문) 서울북부지방법원 2015.09.10 2015고단1320

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that 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 CM trucks.

On February 17, 2015, the Defendant driven the above truck at around 09:00, and led the e-mail front of the E-art in Seoul Special Metropolitan City Nowon-gu to turn to the left at the same distance from the old middle school.

At this point, the intersection without signal, etc. (hereinafter referred to as the “instant intersection”) is an apartment complex and the surrounding area is anticipated to frequent passage of people. Therefore, a person engaged in driving of a motor vehicle has a duty of care to look at the front and rear left well in advance and to prevent accidents by accurately manipulating the steering gear and the brake system in advance.

Nevertheless, the Defendant failed to discover the victim F (76 years of age) who was driving a bicycle on the left-hand side from the right-hand side of the course due to the negligence of running the above truck, and did not discover the victim F (76 years of age) who was crossing the road, and went beyond the floor.

Ultimately, around 00:24 on February 22, 2015, the Defendant caused the death of the victim due to brain injury at the offset hospital located in the same Nowon-gu, Seoul Special Metropolitan City, Nowon-gu. 1342.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Reports on the occurrence of traffic accidents;

1. A death certificate;

1. Photographss of the scene of the accident, photographs of harming vehicles, and damaged bicycle photographs;

1. Application of Acts and subordinate statutes governing crydity images;

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. Judgment on the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The Defendant and his defense counsel followed the instant traffic accident at approximately 3-5 meters away from the Defendant’s driver’s vehicle, and entered the instant intersection. The Defendant and his defense counsel met with the previous driver’s vehicle, thereby getting the center.