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(영문) 서울동부지방법원 2014.11.13 2014고단3182
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 the business of driving treatment5 tons, stable trucks, etc.

On August 4, 2014, the Defendant driven the above truck and proceeded at a speed that would not be known depending on one lane of the two-lanes between Samsung Medical Center and the two-lanes of Samsung Medical Center, Gangnam-gu Seoul, Seoul, with a private distance of 617 Young-si, Seoul.

At this point, there is an intersection where a signal, etc. is installed, and in such case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent the accident by safely driving the motor vehicle after checking whether there is a trafficr who has failed to pass the intersection when he starts in line with the signal signal after the signal.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty of care in front of the horse who entered the departure signal, and neglected to proceed as it is, the Defendant received the victim C (the age of 82) who dried the crosswalk from the right side of the road to the left side of the road in front of the above truck, and got the victim C (the age of 82) who dried the crosswalk from the right side of the road.

Accordingly, around August 4, 2014, at around 18:45, the Defendant died of the victim due to the above occupational negligence from the Gangnam-gu Seoul Samsung Seoul Hospital to the multilateral organ transfer at around 81 Samsung Seoul Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. An on-site photograph of each accident site, or photograph of a suspected vehicle;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The reason for the suspended sentence of punishment under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the sentencing below) is the scope of the applicable sentences (the imprisonment without prison labor for not more than five years), the sentencing guidelines for traffic crimes (the general traffic accident, the second type, the death of traffic accident, the area of mitigation (the special mitigation): the victim has been negligent in the occurrence of the traffic accident;

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