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(영문) 서울중앙지방법원 2013.08.30 2013고단4258
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a wing house in Jung-gu Seoul Metropolitan Government and is engaged in the operation of Cunst Engines.

On January 22, 2013, the Defendant, at the above plant around 15:40 on January 22, 2013, tried to drive the above van with the victim D (the 37-year old), who is his spouse, and had a serious horse or dispute with the victim, and tried to move into a boom.

Accordingly, the victim followed the Defendant so that the Defendant could not drive the above knife, and the Defendant was able to take the sound from the front knife of the front knife of the front knife with the knife listed on the front knife of the front knife, and knife the part between the front knife and the front knife with another hand.

In this case, a person engaged in driving of a vehicle has a duty of care to stop driving of the vehicle.

Nevertheless, the defendant neglected this and proceeded about about 200 meters at a speed of about 27 kilometers per hour, and the victim caused the left-hand turn at a speed of about 16 kilometers per hour and caused the head to go away from the front road of the Seoul Jung-gu E-gu.

Ultimately, around 08:00 on February 9, 2013, the Defendant caused the death of the victim from brain pressure at G Hospital located in F in Jung-gu Seoul, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each investigation report (verification of black boxes);

1. A report on investigation;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of death by occupational negligence, occupation of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a suspended sentence] Traffic crime, general traffic accident, and type 2 (Death Caused by Traffic Accidents) (the scope of recommending punishment] [the scope of recommending punishment] - August - January 1 year and 6 (Basic Area] of the Criminal Act. The victim to whom the defendant is the wife.

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