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(영문) 서울남부지방법원 2014.11.27 2014고단4090
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 of B Poter cargo vehicles.

On August 13, 2014, at around 18:05, the Defendant made a left turn at the right turn one-lane of the two-lanes, one-lane from the sloping side of the Seongdong-gu Seoul Metropolitan Government, to the fire shooting distance.

At all times, the defendant engaged in driving as a three-way intersection without a signal to turn to the left has a duty of care to check the front side and the left and to turn to the left.

Nevertheless, the defendant neglected to turn to the left as it was, and the left part of the victim E (the age of 50) who was bound to go to the right side of the cargo driving by the defendant.

Ultimately, around August 14, 2014, at around 02:39, the Defendant caused the death of a victim, who was receiving medical treatment at a training hospital affiliated with the Ginman University, Yangcheon-ro, Yangcheon-gu, Seoul, by his/her occupational negligence, due to the dynassis and dynassis.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the scope of recommendation) of the suspended sentence shall be the case where the victim was negligent in the occurrence of a traffic accident or the expansion of damage in the area of mitigation of general traffic accidents (the special mitigation person) (the decision of sentencing) [the defendant's negligence and degree of damage]. However, it shall be deemed that the liability of the crime is heavy in light of the defendant's negligence and degree of damage. However, the defendant's negligence and reflects the crime; the victim was committed on the road at the time of the accident; the victim was negligent; the defendant agreed with his/her bereaved family members; the defendant did not have criminal power; the defendant did not have criminal power; the defendant's age, character

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