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(영문) 서울북부지방법원 2016.05.12 2015고단4654
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On November 04, 2015, the Defendant driven C concrete mixed trucks on November 04, 2015, and proceeded ahead of the E Women's Hospital located in Nowon-gu in Seoul Special Metropolitan City with four-lanes from the Nowon Police Station at the Nowon Police Station at Nowon-gu to the private distance from the private road.

A driver of a vehicle has a duty of care to prevent accidents by accurately operating the steering direction and the steering gear well before and after the left, but the defendant neglected to do so and instead took the victim F (73 years old) crossing the road from the right side of the proceeding to the left side, as the front part of the Defendant's truck, and died of multi-faceted long-term damage during the after-hand treatment at the Jinwon University Hospital located in Seoul Special Metropolitan City, Nowon-gu on the same day.

Summary of Evidence

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. All images of a photograph after a field or CCTV closure;

1. Video images of a CCTV incident;

1. The fact that the victim tried to cross the death certificate without permission is recognized according to the adopted evidence.

However, considering the walking speed according to the age of 73 years at the time of the accident, the victim was not likely to have immediately entered the truck of the defendant, and the accident occurred due to the negligence of the victim.

It is difficult to see it.

Above all, the victim died in the front wheel part of the defendant's vehicle.

In light of the situation at the time of the accident, the age of the victim, and the parts of the vehicle with sufficient victims, the accident in this case occurred due to Defendant’s breach of duty of care in driving.

may be appointed by a person.

Application of Statutes

1. The grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Imprisonment without prison labor) of the Criminal Act on criminal facts have asserted that the Defendant did not commit the instant traffic accident and denied the crime. The Defendant did not make efforts to induce the victim’s family members to be punished.

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