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(영문) 서울남부지방법원 2014.06.27 2014고단1260
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of C5 tons c.

On February 21, 2014, the Defendant driven the above vehicle at around 10:03, while driving the vehicle, and driving at about 20 km from the parallel parallel parallel to the parallel parallel parallel of the Yeongdeungpo-gu Seoul Metropolitan Government, one lane in front of the nine-lane road.

The victim D(16 years of age) was driving the Oral Sea and followed the right side of the above 5 tons prior to the same direction, and thus, the driver of the vehicle was obliged to pay a duty of care to prevent the accident in advance by safelypassing the accident by checking accurately and safely whether the person following the vehicle or the vehicle did not exist in the vehicle in the case of bypassing the vehicle.

Nevertheless, the Defendant neglected to do so and did not properly check whether there is a vehicle or person following it through a stringer, and proceeds about 10 meters in a state below the Defendant’s driving vehicle, where the center part of the victim’s driving, who was in the same direction from the right side of the vehicle driving by 125CC in the same direction, was moved into the front part of the Defendant’s driving vehicle, and the victim and the Orababab, who was in the front part of the Defendant’s driving vehicle.

As a result, the Defendant caused the victim's occupational negligence on the same day at around 11:58 of the same day, resulting in the victim's death with an external trauma plesy in the emergency room of the F Hospital in Yangcheon-gu Seoul Metropolitan Government

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents (1) (2);

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Death Caused by Traffic Accidents) (4-10 months) in the mitigated area (special mitigation) (4-10 months).

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