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(영문) 수원지방법원 성남지원 2015.04.23 2015고단129
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that 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 of a cargo vehicle with D3.5 tons.

On November 5, 2014, around 11:37, the Defendant driven the above cargo in front of the F convenience store located in Gangdong-gu Seoul Metropolitan Government E, and led the vehicle to a right-hand speed from the right-hand to the bank as tent.

At the same time, housing has concentrated, and road width has been narrow, so that a person engaged in driving service of a motor vehicle has a duty of care to accurately operate steering devices, brakes, and other devices of the motor vehicle, to look at the traffic situation well, and to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and neglected to walk the road on the right side of the progress direction due to negligence, and did not discover the victim G, and shocked the victim with the right side of the cargo vehicle, and led the victim beyond the floor about 7 meters.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to an important long-term damage within the margin.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes concerning postmortem records, certificates of postmortem inspection, and photographs at the scene of accident;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the result of the instant accident is significant and the degree of negligence of the defendant is significant; however, it shall be taken into account that the defendant has no previous record related to driving of a vehicle and has agreed with the victim's bereaved family members);

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