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(영문) 서울중앙지방법원 2013.10.18 2013고단4397
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the bareboat-type cargo vehicle.

Around 14:00 on April 1, 2013, the Defendant driven the above cargo vehicles, and led the front road of the "Large-do Child Care Center" located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to the Dorogate from the Myeon-dong to the Dorogate.

There are many houses for pedestrians without distinction between roadways and India, so in such a case, there was a duty of care to thoroughly check whether there are pedestrians, etc. in the rear side through white slurler and slurler, etc., and then to safely start.

Nevertheless, in loading of the above cargo vehicle, the Defendant did not check the rear side through a slider in a situation where it is impossible to view the rear side through the slider, etc., and did not check the rear side and did not check the rear side, and did not check the road situation properly, by negligence, the victim D (W, 66 years old) who passed the above road was faced with the above cargo lane, let the victim go beyond the floor, and the victim who continued to go over and was used on the floor was over the above cargo lane.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency department of the F Hospital located in Gangnam-gu Seoul, Seoul, where the victim was under the follow-up treatment on April 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning death certificate (D) and postmortem protocol;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of death by occupational negligence, occupation of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended execution [decision of a sentence] Traffic crime, general traffic accident, type 2 (Special Aggravation of Death from Traffic Accidents)] - None of the aggravated factors: No of the mitigated factors: Imprisonment without prison labor (the scope of recommendations).

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