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(영문) 서울동부지방법원 2014.07.17 2013고단3259
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

On September 28, 2013, the Defendant, who is engaged in driving Cpod Motor Vehicles, was driving the said motor vehicle on September 28, 2013, and passed through the blocking machine at the 12 entrance of Songpa-gu Seoul Metropolitan Government D apartment 12 and proceeded into the apartment site.

At the time, it was night, and the front door of the night, and there was a place where the passage of the residents is frequent by the apartment entrance, so there was a duty of care to safely drive a motor vehicle to prevent accidents in advance by safely driving it, such as checking whether there is a person who drives the motor vehicle, by reducing speed and checking well the front door.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (the age of 58) who was walking before the direction of progress due to negligence, and proceeded as is without finding the victim E (the age of 58) and got the victim to go beyond the ground, and had the victim go beyond the ground. On September 29, 2013, the Defendant died of the victim from the G Hospital located in Songpa-gu Seoul Metropolitan Government F to the blood low blood pressure shocking shock caused by diversified damage.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness H and I;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report (1) (1)

1. Application of Acts and subordinate statutes to a death certificate, autopsy report, and a copy of emergency medical services log;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. 집행유예 형법 제62조 제1항 양형의 이유 o 법률상 처단형의 범위 : 금고 5년 이하 o 양형기준상 권고형의 범위 : 금고 4월 ∽ 10월 [교통범죄군, 일반 교통사고, 제2유형(교통사고 치사), 감경영역(처벌불원)] o 선고형의 결정 교통사고를 내어 피해자를 사망에 이르게 한 것으로 그 결과가 중대하지만, 이 사건 교통사고를 야기한 피고인 과실의 위법성이 그리 중하다고 보기 어려운...

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