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(영문) 서울중앙지방법원 2013.12.27 2013고단6715
교통사고처리특례법위반
Text

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

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 is engaged in driving a B-learning car.

Around 10:40 on September 17, 2013, the Defendant driven the above car, and turned to the left at a speed of about 10 km at the speed of about 3-1260 km-dong, Seongbuk-gu, Seoul, Seoul, at the front of the 3-1260 Seoul Canceam Police Station from the front side of the above police station to the front side of the rock shooting distance, and turn to the left.

Since the place is adjacent to the crosswalk, in such a case, the defendant engaged in driving business has a duty of care to prevent the accident in advance by safely driving the said vehicle in order to check whether there is a pedestrian who has a way to see well.

Nevertheless, the Defendant neglected this and did not discover the victim C (the 73 years of age) who walked on the crosswalk by the negligence of left-hand turn, and did not find the victim C (the 73 years of age) and had the above victim go beyond the ground with the front part of the driver's seat of the said car.

At around 09:53 of the same month, the Defendant caused the victim's death by dystrophism in the E Hospital located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. CCTV image data;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [decision of a sentence] general traffic accidents, types 2 (Death of Traffic Accidents) - No aggravated element: Reduction element: In the absence of punishment [Scope of Recommendation] / [Determination of a sentence] April -10 (Mitigation of Mitigation] in this case, since the defendant neglected to turn to the left and caused the serious result of the victim's death by neglecting to turn to the left and neglecting to turn to the left, the nature of the crime is not somewhat weak, but the defendant agreed to do so with the victim's bereaved family members.

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