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(영문) 서울중앙지방법원 2014.04.25 2014고단1322
교통사고처리특례법위반
Text

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

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 driven a DV bus owned by C in the course of business.

On January 6, 2014, the Defendant driven the above bus at a speed of 05:58, and turned back from the Simsando, Seoul Special Metropolitan City, to the 76-17-lane from the Simsando, to the Simsando, where it is impossible to know.

At night, there was no good view at the time, and the bus driven by the defendant was left from the company's garage to enter the four-lane road, so in such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to check the surrounding area and safely check whether there is a pedestrian and to prevent any traffic accident.

Nevertheless, due to the negligence that the defendant neglected this and did not properly ascertain whether there is a pedestrian, the victim E (Nam, 76 years old) who was walking on the right side from the left side of the defendant's running direction, is shocked with the back part of the bus operated by the defendant, and the victim was placed on the right side with the rear wheels.

Ultimately, at around January 6, 2014, at G Hospital located in Dongjak-gu Seoul Metropolitan Government F on January 6, 2014, the Defendant caused the victim to have his/her excessive blood transfusion due to the diversosis.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Accident video CDs;

1. Application of Acts and subordinate statutes of a death certificate;

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 (undermining the result of the death of a victim, but considering the circumstances, such as the fact that the defendant reflects his mistake and has no record of punishment except for the suspension of one-time suspension of sentence, joining the mutual aid association, and an agreement with his/her bereaved family

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