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(영문) 서울남부지방법원 2015.01.27 2014고단4781
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 a DNA car.

On November 17, 2014, at around 19:45, the Defendant came to turn to the left from the front of the Guro-gu 1 Public Security Center located in Guro-gu Seoul, Guro-gu, Seoul, to the front of the Gu-ro 1 Public Security Center from the front side of the Gu-ro 1-dong main apartment.

At the same time, if you turn to the left as an intersection, there is a crosswalk where a signal, etc. is installed on the front side, so there was a duty of care to observe the signal to a person engaged in driving service, to check whether there is a person who gets on the front side and the left well, and to safely drive it.

Nevertheless, the defendant neglected this and caused the victim E (the 62 years old) who crosses the crosswalk to the port from the right side of the crosswalk according to the pedestrian signals by neglecting the stop signal and making the left turn turn to the road by taking the victim E (the 62 years old) into the front part of the above vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Korea University Medical Center Hospital located in Guro-gu, Guro-ro, Seoul, Guro-gu, 148, where the victim was under medical treatment at around 16:06 on November 21, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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 on the suspended sentence [Scope of Recommendation] General traffic accident (Article 62(1) of the Criminal Act) (Article 62(1) of the Act on the Suspension of Execution does not include the basic area (Article 8-1 and 6 months) (Article 62 of the Act on the Death, etc. of Traffic Accidents) [Pronouncement Decision] [Article 62(1) of the Act on the Suspension of Execution. However, in light of the defendant's negligence and degree of damage, etc., the liability for the crime is not easy, but the defendant recognizes and reflects the crime

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