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(영문) 서울중앙지방법원 2015.01.28 2014고단9827
교통사고처리특례법위반
Text

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

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 has been engaged in the operation of a car in CM520.

On November 20, 2014, at around 09:10, the Defendant was moving the said vehicle at the parking lot of the Gangnam-gu Seoul Metropolitan Government D Building.

In such cases, a driver who drives a vehicle has a duty of care to prevent accidents by putting a signal on the direction of the vehicle behind or thoroughly putting the signal in the future.

Nevertheless, the Defendant, without taking such measures as above, driven the above vehicle by negligence while neglecting the duty of follow-up, caused the body of the victim E (n, 60 years old) who was behind the right side of the vehicle driven by the Defendant to cut off the vehicle behind the vehicle driven by the Defendant, and then caused the victim's body to cut between the driver's and the outer wall of the building.

Ultimately, the Defendant caused the victim to die with the above occupational negligence by traffic accidents at around 11:42 minutes of the same day while sending back to the Emergency Medical Center at the National University Hospital in Gwangjin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the first offender, the victim shall be the spouse living together with the defendant for at least 3 years).

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