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(영문) 서울동부지방법원 2013.12.23 2013고단2641
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle QM5 vehicle.

Around 20:40 on August 5, 2013, the Defendant driven the said car, leading to a three-lane road in front of the Gain Agricultural and Fishery Products Integrated Wholesale Market in Songpa-gu, Songpa-gu, Seoul, toward the direction of the water station at a speed of about 50km per hour from the edge of the village market to the direction of the water station at a speed of 60km.

At the time, since it was at night, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a person engaged in driving a motor vehicle has a way to reduce speed and see well the front door.

Nevertheless, the Defendant neglected this and proceeded without reducing speed, and found the victim D(73 years of age) who was crossing the vehicular road from the right side to the left side at late, and operated the Hand to the left side to avoid this, and operated the Hand to the left side. However, the Defendant failed to avoid it and caused the victim to go beyond the ground after receiving head from the front side of the said vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the F Hospital located in Gangnam-gu Seoul Metropolitan Government E, where the victim was under follow-up treatment at around August 5, 2013, due to low blood shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on traffic accidents and a report on actual condition;

1. The comprehensive traffic accident analysis reply prepared by the Seoul Special Metropolitan City Branch of Road Traffic Authority;

1. Photographs of the victim, the victim, and the scene of the accident;

1. Application of statutes governing death diagnosis reports and postmortem examination records prepared by the police;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim died and the result of the accident is very serious.

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