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(영문) 서울남부지방법원 2014.01.23 2014고정183
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a string and freight vehicle B.

On August 28, 2013, the Defendant driven the above vehicle on August 28, 2013, and driven the three-lanes of the three-lanes of Guro-gu Seoul Metropolitan Government, Guro-gu, 3 212-8, one lane from the Gawingo-distance to the 1st intersection of Gu in the speed of 62km.

At the time, the passage of the front door due to the new wall time, and the passage of the front door, so there was a duty of care to prevent accidents by safely driving the front door by checking it well.

Nevertheless, the Defendant neglected this and neglected to discover the victim C (n, 73 years of age) who was crossing from the right side of the vehicle in the madle to the left side due to the negligence of neglecting it, and delayed detection of the victim C (n, 73 years of age) to the left side, and operated the hand to the left side. However, the Defendant failed to avoid it, and got the victim's head to the ground by taking the part of the victim's head on the top side of the above vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence due to the cerebral injury during the aftermathy treatment to the E Hospital located in Guro-gu Seoul Metropolitan Government D on August 28, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement by a defendant on the occurrence of traffic accident;

1. Statement made by the police with respect to the F;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. Comprehensive traffic accident analysis report;

1. Application of statutes on field photographs;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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