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(영문) 의정부지방법원 2015.08.27 2014고단4946
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a D-port cargo vehicle.

Around 10:00 on October 7, 2014, the Defendant driven the above cargo vehicle, and got out of the package without a line from the blanker near the F warehouse in E at the Namyang-si.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle in order to prevent the accident by safely driving the steering gear, such as making a well-being of career and accurately operating the steering gear.

Nevertheless, the Defendant neglected this and neglected the above-mentioned road, and caused the said bus victim I (74 years old) to go beyond the bus floor in order to avoid an accident with the said cargo vehicle by the G driver's H bus, which was going to the area of the G driver's village, from the Dolle of the Dolle.

Ultimately, around October 30, 2014, around 20:03, the Defendant caused the victim’s death by occupational negligence on the ground that the hospital of the Gangseo-gu Jinhee University located in Gangdong-gu Seoul, Gangdong-ro 892 (former 149) died due to the traumad propopia at the Ginhee University (former 149).

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. The police statement concerning G;

1. The actual condition of traffic accidents;

1. A death certificate;

1. Application of the CDA-related Acts and subordinate statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the fact that there is no history of punishment for causing a traffic accident, the fact that the victims and their bereaved family members have agreed smoothly with each other, the fact that the victims and bus engineers have been negligent in partially expanding the occurrence of the instant accident or damage, and the fact that the victims and bus engineers have caused the instant accident by occupational negligence not falling under the proviso to Article 3 (2)

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