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(영문) 수원지방법원 성남지원 2013.11.14 2013고단364 (1)
교통사고처리특례법위반
Text

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

However, 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 dump truck driving.

On June 15, 2012, the Defendant driven the above vehicle at a speed of 10:30 on June 15, 2012, and proceeded along one lane in the direction of the opposite party in the direction of the short distance, while driving a signal atmosphere in front of the Geum-dong Mung-dong common living hospital in Seongdong-gu, Seongdong-gu, Sung-gu, Seoul. In order to narrow the distance with the vehicle running ahead of it, the Defendant proceeded at a speed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side and the steering system of the motor vehicle, and to prevent accidents.

Nevertheless, the defendant neglected his duty of care and did not properly perform his duty of care on the front side of the road, and took the victim C (Nam, 73 years old) crossing the road from the right side to the left side of the vehicle driving by the defendant, and served the left side of the victim's left side of the driver's seat in front of the driving seat.

On November 3, 2012, at around 13:33, the Defendant’s occupational negligence caused the death of the victim from the blood transfusion at the secondary patient room of the E Hospital No. 2 in Seongbuk-gu, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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 the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order shall be determined by the same sentence as the order in consideration of the fact that the victim crosses a road other than the crosswalk, is covered by the comprehensive insurance, and that the victim has agreed with the bereaved family members

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