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(영문) 서울동부지방법원 2015.01.29 2014고단3634
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

On September 5, 2014, the Defendant, who is engaged in driving of the Class-III cargo vehicles B, was driving the above cargo vehicles on September 5, 2014, and was temporarily stopped to remove goods loaded on the front of the "D" restaurant in Songpa-gu Seoul, Songpa-gu, Seoul, but was down about about 10 meters at a speed of about 5 to 10km per hour towards the right side of the peace set.

Since there are lots of houses, there are frequent traffic among people, in such a case, the driver of the motor vehicle has a duty of care to accurately manipulate the steering direction, brakes, etc., and to prevent accidents in advance by properly manipulating the traffic situation and safely driving the motor vehicle.

Nevertheless, while neglecting this, the Defendant neglected it, and took the victim E (the age of 89) (the age of 89) coming on the right side from the left side of the back side of the Defendant’s cargo vehicle back to the Defendant’s cargo vehicle, and turned it into the ground, and the Defendant her shouldered the victim’s shoulder with the back wheel part of the left side.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence as seen above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Traffic accident report and investigation report (CCTV video image analysis);

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

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. 집행유예 형법 제62조 제1항 양형의 이유 o 법률상 처단형의 범위 : 금고 5년 이하 o 양형기준상 권고형의 범위 : 금고 4월∽10월 [교통범죄군, 일반 교통사고, 제2유형(교통사고 치사), 감경영역(처벌불원)] o 선고형의 결정 사망의 결과 발생, 피고인 과실의 내용 및 그 위법성 정도, 유족과 원만한 합의, 동종 전과...

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