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(영문) 서울북부지방법원 2013.10.01 2013고단1732
교통사고처리특례법위반
Text

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

However, 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 engaged in driving a small towing vehicle C.

On April 25, 2013, the Defendant driven the above vehicle on April 25, 2013, and arrived at the 19 lanes in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, 876-5, and turned down at an aesthetic speed to park in the parking zone.

At the time, the vehicle driven by the Defendant is attached with a device towing the vehicle to the rear part, and thus the rear side is not well visible. In such a case, there was a duty of care to check the rear side and check the rear side thoroughly and then check the rear side.

Nevertheless, the Defendant neglected to do so and confirmed that there was no way on the rear side of the vehicle, and did not look at it properly thereafter, and received the head part of the victim D (the age of 69) who was coming from the rear side of the vehicle in front of the last part of the vehicle in front of the last part of the vehicle in front of the last part of the vehicle in front of the Defendant, and had the victim write it on the floor with its shock.

Ultimately, the Defendant caused the death of the victim at the scene of the accident due to the above occupational negligence, such as serious injury to symptoms.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on a written autopsy;

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. Article 62 (1) of the Criminal Act;

1. Although the defendant's negligence of the reason for sentencing under Article 62-2 of the Social Service Order Act is heavy, the defendant has made efforts to recover damage by taking advantage of the fact that he/she has committed the crime in depth, he/she has purchased automobile comprehensive insurance and made deposits, and there is no criminal record.

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