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(영문) 서울동부지방법원 2016.06.16 2016고단1135
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a dump truck driver.

On February 22, 2016, the Defendant driven the above truck on February 15, 2015:5, and led the 7nd line in front of the exit of 240 locked, Songpa-gu, Seoul Olympic Games, to the locked from the side of the village lake to the locked.

In such a case, the driver had a duty of care to safely proceed by checking the front door and the left and right of the driver, making it possible for the driver to take the front door and the left and the right of the driver, and departing from the front door, etc.

Nevertheless, the Defendant neglected this and continued to take part of the back part of the part of the victim D(58) of the E-to-land driven by the Defendant, which was standing on the right side of the front side of the road by negligence, and had the victim go beyond the floor, and continue to proceed.

Ultimately, at around 16:51 on February 22, 2016, the Defendant caused the death of the victim, who was under the follow-up treatment at the Gandong Sung-donge Hospital of Gangdong-gu Seoul Metropolitan Government, by occupational negligence, from the low blood transfusion shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a traffic accident occurrence report, on-site photographs, victim photographs, investigation reports (or verbal statements of shots), and death diagnosis reports;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Persons subject to special mitigation (two months to October) in the area of special mitigation (the occurrence of traffic accidents) under Article 62(1) of the Criminal Act, the scope of the punishment to which the reason for sentencing is recommended under Article 62(1) of the suspended sentence is to be limited: In the event that the victim is negligent in causing traffic accidents or expanding damage, the sentence not to punish the victim is to be sentenced: the result of the death of the victim of the instant accident for two years after the suspended sentence of six months.

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