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(영문) 서울동부지방법원 2013.11.07 2013고단2392
교통사고처리특례법위반
Text

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

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 who is engaged in driving a Patom car.

On July 22, 2013, around 22:44, the Defendant driven the said car that was parked at the edge of the first lane of the “Jcellphop Kim” road located in Gangdong-gu Seoul Sung-dong 423-3, Gangdong-gu, Seoul, and started without examining the front of the vehicle properly.

On the above part of the defendant's occupational negligence, the defendant set the bridge and body of the victim E (the age of 62) who was sitting on the right side of the road and the sidewalk boundary from the front side of the vehicle, to the front right side of the vehicle and the rear wheels.

As a result, the Defendant suffered liver heat from the above victim, and caused the victim to be transported to G hospital located in Gangdong-gu Seoul Metropolitan Government F and received treatment. On July 8, 2013, at around 02:34, the accident 3 hours and 50 minutes, and died by low-tension shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. The application of Acts and subordinate statutes to report the creation of a actual condition survey report, traffic accident report, each photograph, occurrence report, death report, CCTV image data inquiry records, each investigation report (verification of the lower body of a sea vehicle, witness investigation, CCTV image verification), CCTV video reproduction report;

1. Article 3 (1), the proviso to Article 3 (2) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62(1) of the suspended execution of the Criminal Act provides that the defendant is in a depth of a mistake, the victim's bereaved family members do not want the punishment against the defendant under an agreement with the victim's bereaved family members, the victim's bereaved family members do not want the punishment against the defendant, the defendant does not have the same or similar criminal records, and only one criminal punishment has been imposed only once a fine, and the victim also sits on the road boundary so that the part of the vehicle parked on the road is located on the road immediately before the vehicle parked at night.

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