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(영문) 서울중앙지방법원 2014.07.11 2014고단3199
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 Lone Star or Gohap.

On March 20, 2014, the Defendant driven the above van around 22:40 on March 20, 2014, and driven the four-lane road of 116-lane, Seoul, Seoul, which is about the 116-lane, along the said three-lanes from the border apartment to the customs intersection.

In this case, the defendant engaged in driving service has a duty of care to prevent accidents by safely driving the front side and the left side and the right.

Nevertheless, the defendant neglected his duty at the time of Jeonju, and did not discover the victim D (the age of 46) who crosses the above road from the left side to the right side in front of the defendant's proceeding direction, and had the victim go beyond the road surface by taking the victim's bridge back to the front part of the above knife of the knife, thereby causing death at the F Hospital in Seodaemun-gu Seoul Special Metropolitan City, Seoul at around 04:5 on the following day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

1. 범죄사실에 대한 적용법조 및 형의 �택 교통사고처리 특례법 제3조 제1항, 형법 제268조, 금고형 선택

1. Reasons for sentencing under Article 62(1) of the Criminal Act / [Scope of Recommendation] The reason for sentencing under Article 62(1) of the suspended sentence / [where there is considerable negligence in the occurrence of a traffic accident even for the victim (special mitigation person) among the types 2 (Death resulting from Traffic Accidents) of general traffic accidents (special mitigation person) (the decision of sentencing), the court below's decision that the victim was not subject to punishment / one year of suspended sentence (the defendant's negligence of the victim who illegally crossed a eight-lane road without permission by putting clothes of a verification color system that is difficult to identify in the night), the defendant took relief measures immediately after the accident, and agreed with the victim's bereaved family members and the victim's family members smoothly, and

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