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(영문) 서울서부지방법원 2014.09.30 2014고단834
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Category C passenger cars.

On December 13, 2012, the Defendant driven the above car at a speed of 00:20,000, and proceeded at a speed of 78 km from the northwest of the Cyan River at the speed of 158 km from the northwest of the Cyan River at the speed of 158 km, depending on the two-lanes from the northwest of the Cyan River.

At night, the surface was sucked in a state where snow was melted, and its location limit is 60 km per hour, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the road by reducing the speed and thoroughly manipulating the steering gear, etc. in a manner that the driver of the motor vehicle is engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected the above duty of care and found the victim D(39 years of age) unclaimed on the left side of the Defendant’s vehicle at the speed exceeding 18 km per hour, and operated the driving vehicle to the right side, but did not avoid it, and did not go beyond the victim's body as the front left side of the left side of the vehicle, and the vehicle operated by E, a F-business taxi, etc., which was driven by E in the two-lanes of Madon, led to the whole body of the victim.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die with a long-term damage at the site.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A traffic accident report, a traffic accident report, a blackbox, a video photograph, and an expert report;

1. An accident video CD and a autopsy and appraisal report;

1. Investigation report, investigation report, and application of Acts and subordinate statutes on site photographs;

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

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