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(영문) 서울북부지방법원 2013.11.21 2013고단2199
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 driving Category C high-class three trucks.

On June 30, 2013, at around 09:43, the Defendant driven the above truck on the backway of 332-76, Jung-gu, Seoul, Jung-gu, Seoul, and turned it back to the 5km speed from the direction of the west-gu.

Since there is a narrow house where pedestrians are frequent, there was a duty of care to prevent accidents in advance by checking the right and the right and the right of the driver of the motor vehicle, so that the driver of the motor vehicle had a duty of care to prevent accidents.

Nevertheless, the defendant neglected this and did not discover the victim D(1) who was behind the above truck due to negligence and did not confirm the rear side, and had the victim D(1) who was behind the above truck taken over as the back part of the cargo loaded, and had the victim go over to the right side part.

After all, the Defendant caused the death of the victim due to the above occupational negligence, the death of the victim at F Hospital in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which was receiving the follow-up treatment at around 18:26 of the same day, and by double dystroke, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A death certificate;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Although the accident place under Article 62-2 of the Social Service Order Criminal Act is the backway of a house and children frequently live and are in old age, it was not erroneous in the fact that they had been sufficiently able to take a post-in after-in after-inscoping, even though it was impossible to have done so. However, there was a misunderstanding in depth, covered by a comprehensive insurance, and the bereaved family deposited KRW 13 million, and a punishment shall be determined in consideration of all the circumstances, such

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