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(영문) 서울남부지방법원 2014.09.18 2014고단1115
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 is engaged in driving of B-b cargo vehicles.

On February 5, 2013, the Defendant driven the above vehicle at around 07:36, and driven the road of six lanes in front of the SK station located in Geumcheon-gu, Geumcheon-gu, Seoul, Geumcheon-gu, Seoul, at about 40km in speed from the Sigscopic distance to the Sigscopic distance.

At the time of the so-called off-to-off, there was a duty of care to prevent accidents by accurately manipulating the steering gear and the steering gear of the vehicle in such a case.

Nevertheless, the defendant neglected this and found the victim C (year 76) who was crossing the above road from the left-hand side due to the negligence of not keeping the front door well, and immediately operated it, but did not avoid it, and had the above victim go beyond the ground as the front part of the defendant's vehicle.

After all, the Defendant caused the victim to suffer from an occupational negligence as above, and caused the victim to suffer from an external cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spona, which requires treatment for at least three months.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type I (Aggravated Punishment of Traffic Accidents) (Aggravated Punishment of April-10) where there is considerable fault for the occurrence of traffic accidents or the expansion of damage even to victims of the basic area (Aggravated Mitigation) (Aggravated Punishment of Traffic Accidents) / Where a serious injury occurs (Aggravated Punishment Decision of Sentence 1) (Aggravated Punishment Decision of Sentence / However, the victims are not negligent crossing the road without permission, and the defendants are recognized and against the crimes.

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