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(영문) 서울중앙지방법원 2016.01.22 2015고단7261
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a bridge B 3.5 tons.

On July 1, 2015, the Defendant driven the above vehicle on July 1, 2015, and proceeded with it on the first-lane road located in 13-ro, Jung-gu, Seoul, Jung-gu, with the building of the Japanese Peace Market and the new bank building.

At that time, the defendant was in progress for a network to cut off the girth of the outer wall of the building, and two workers had induced the vehicle in the latter.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by reporting the traffic conditions in the rear side well and safely.

However, the Defendant neglected to do so and neglected to do so, and did not discover the victim C (66) working in the rear bank, and continued to do so, and the Defendant caused the accident of the victim between the upper right frame of the vehicle and the steel body.

Accordingly, the Defendant caused the victim to die by occupational negligence as above, and caused the victim to die from the Ghee Medical Center located in 23 as the Dongdaemun-gu Seoul, Dongdaemun-gu, to the multiple prolonged charging due to the multiple prolonged damage on August 2, 2015 during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. A traffic accident report;

1. Each photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Article 62(1) of the Criminal Act (the fact that the suspension of execution is against the law, the fact that there is no criminal record of imprisonment without prison labor or any heavier punishment, and the fact that there is a smooth agreement with the bereaved family members of the victim

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