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(영문) 서울남부지방법원 2015.04.23 2015고단760
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that 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 driving B-2 cargo vehicles.

On January 20, 2015, the Defendant driven the above cargo vehicle at around 06:50, and driven the road front of the Sinsan-dong 123-ro, Geumcheon-gu, Geumcheon-gu, Seoul, at a speed of about 60km from the distance of bank trees to the distance of the Gu telephone station at a speed of 1,00km.

In this case, there was a crosswalk where signal lights are installed on the front door, so in such a case, there was a duty of care to prevent accidents in advance by taking into account whether a person engaged in driving service would reduce speed and have no pedestrian who passed the crosswalk.

Nevertheless, the defendant neglected this and proceeded without reducing speed, and found the victim C (n, 76 years old) who crosses the crosswalk without permission in violation of the pedestrian signal from the left side of the direction of the proceeding to the right side and avoided it to the right side and take an urgent action to stop the operation of the crosswalk.

However, the left side part of the victim's face was shocked by the victim's left side part before the left side of the above cargo without being faced.

Ultimately, the Defendant caused the death of the victim due to the negligence in the above business, such as cerebral macy at the Gannam University Hospital of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, on January 20, 2015, where the victim was under the follow-up treatment at around 21:44.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on actual traffic accident;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The general traffic accident category II (Death resulting from Traffic Accidents) has no basic area (eight to one to one year and six months) (the special person) (the decision of sentencing], and the degree of fault and damage of the defendant.

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