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(영문) 서울남부지방법원 2013.05.28 2012고단4545
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 driver of a freight vehicle C5 tons.

On September 20, 2012, the Defendant driven the above cargo vehicle around 16:05, and moved to the right right by speed of 20 km from the 111-dong, Gangseo-gu, Seoul Metropolitan Government on September 20, 201 to the erode of the said apartment complex at a speed of 657 kilometers from the erode of the above apartment complex.

At the same time, a person engaged in driving of a motor vehicle has a duty of care to live well in the front line and to prevent accidents due to temporary suspension and slowly.

Nevertheless, the Defendant neglected this and did not discover the victim D (seven years of age) who is driving a bicycle to port from the right side of the course of the collision when he neglected to take the right side of the motor vehicle due to the negligence of bypassing the right side of the motor vehicle as it is, did not discover the victim D (seven years of age). The victim's bicycle front side part with the front wheels of the motor vehicle. The victim's chest side, which is shocked by the shock, was charged to the front side of the motor vehicle for driving the motor vehicle.

Ultimately, around September 20, 2012, the Defendant had the victim by occupational negligence as above caused the death of the victim by blood plesing at the F Hospital located in Yangcheon-gu Seoul Metropolitan Government E.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition (1) (2);

1. On-site and vehicle photographs;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

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. Article 62 (1) of the Criminal Act (including the fact that he/she has subscribed for a comprehensive insurance and deposits 33 million won for victims, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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