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(영문) 서울중앙지방법원 2014.09.03 2014고단4663
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 2 cargo vehicles.

At around 14:50 on April 21, 2014, the Defendant continued to turn to the left from the third distance located in the 113-ro, Gwanak-gu, Seoul Special Metropolitan City, along with a back road, and came to the left at the seat of the Gangwon-do Hospital from the Dokak-gu, Dokdong-do.

It is an area where commercial buildings are densely concentrated and people have a large volume of traffic, so in such cases, there was a duty of care to view the driver of the motor vehicle as a person engaged in driving the motor vehicle, to look at whether there is a pedestrian in the surroundings, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and failed to verify the presence of the victim C (the age of 87) on the left-hand side of the cargo vehicle driven by the Defendant, and received the victim as the front-hand part of the said cargo vehicle due to the negligence in progress.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Central University Hospital in Dongjak-gu, Seoul, 102, which was under transmission treatment at around 16:51, on April 21, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of statutes on site photographs;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall take into consideration the circumstances, such as the fact that the person's mistake is against himself/herself, that is the first offender, that is covered by a comprehensive insurance and that there is an agreement with the bereaved family

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