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(영문) 서울북부지방법원 2013.09.26 2013고단1751
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 person who is engaged in the business of driving Cone Star Cargo Vehicles.

On June 7, 2013, the Defendant driven the above cargo vehicle around 14:50, and led three lanes in front of 267-72, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, to a speed of about 27 meters from the front of the three-lanes of the city inspection to the heavy slope.

Since there are frequent traffic accidents caused by pedestrians who cross-road without permission, there was a duty of care to prevent accidents and drive safely by driving accidents in a normal direction by reducing speed to the persons engaged in driving duties and keeping the front and rear left, while driving in a normal direction.

Nevertheless, when the defendant neglected this and failed to properly examine the back side of the left side, the defendant did not discover the victim D (the 80-year old age) who was crossing the roadway from the right side of the road to the left side and continued to drive the roadway at the same speed, and the above part of the victim's bridge was taken back with the back part of the above cargo vehicle, and the victim faced with the head of the road while using it due to its shock.

Ultimately, the Defendant caused the injury of the victim due to the above occupational negligence, and thereby caused the death at the F Hospital located in Dongdaemun-gu Seoul, Seoul, around 23:09, on June 8, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. Reports on internal investigation (the sequence 7 in list of evidence);

1. A medical certificate or death certificate;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The violation of the law and the negligence of the defendant under Article 62-2 of the Social Service Order Criminal Act is very serious, and as a result, the defendant must be punished with severe punishment in that the result of the victim's death occurred, but the error is remarkably divided.

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