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(영문) 서울남부지방법원 2014.03.28 2014고단434
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 a B-Wood vehicle.

On November 6, 2013, the Defendant driven the said car as its work around 05:00, and led to a three-lane road in front of the Fil Middle School located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, 330-2, at a speed of about 70km from the direction to the new intersection, along three-lanes.

At all times, there are crosswalks where signal lights are installed, so the driver engaged in driving service has a duty of care to reduce the speed and to live well, while driving safely in accordance with the signals.

Nevertheless, the Defendant neglected this and went beyond the ground by neglecting the fact that the vehicle progress signal is changed to the stop signal, resulting in the Defendant’s negligence of driving the above crosswalk to the right-hand side of the victim C (75 years of age) who has boarded a bicycle on the right-hand side of the above crosswalk, and let the bicycle go beyond the ground.

Ultimately, around November 6, 2013, at around 05:29, the Defendant caused the death of the victim due to the Do serious brain damage, which was escorted to the emergency room of the E Hospital located in Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Reports on traffic accidents (1) (2) and postmortem records;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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. Article 62 (1) of the Criminal Act (the first crime, being covered by the comprehensive motor vehicle insurance, being agreed with the victim's bereaved family members, and the fact that the victim was negligent in crossing the crosswalk when the victim's signal is red;

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