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(영문) 서울중앙지방법원 2015.02.06 2014고단9930
교통사고처리특례법위반
Text

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

However, 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

The Defendant is a person who is engaged in the operation of Lone Star Co., Ltd.

On October 6, 2014, at around 04:55, the Defendant followed the front road of the D Pharmacy in Dongjak-gu Seoul Metropolitan Government, Seoul, to the large three-lane distance from the boundary of the Tcheon Road, and proceeded at about 60 kilometers a speed of 10 kilometers a speed of 3 lanes, along the two-lanes.

At the time, the new wall time is the place where the left side is not secured, and there is a crosswalk where signal lights are installed at the front door, so in such a case, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle in accordance with the traffic signal and prevent the accident in advance.

Nevertheless, even if the signal of the front side was yellow signal changed to a stop signal, the Defendant was negligent in proceeding at the same speed and caused the part of the victim E (the age of 25) crossing a bicycle to the right side from the left side of the horse course to go beyond the ground floor by taking the front part of the driver's seat of the Defendant vehicle.

Ultimately, the Defendant caused the victim’s death due to the above occupational negligence, which led to the death of the victim due to the acute Smoking disorder caused by cerebral transfusion around 02:20 on October 22, 2014, in the course of transmission and treatment at the Gangnam-gu Hospital of the Korea Forestry University, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement concerning F;

1. A death certificate;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

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. Article 62(1) of the Criminal Code provides that the defendant reflects his/her mistake, is insured, is agreed with the victim's bereaved family, and the victim also agrees with the victim.

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