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(영문) 서울남부지방법원 2015.04.29 2014고단1800
교통사고처리특례법위반
Text

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

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 engaging in driving a rocketing car.

On March 17, 2014, at around 19:25, the Defendant, along the airport of Gangseo-gu Seoul Metropolitan Government, driven the road of four-lanes in front of the new airport of the airport of Seocho-gu, Seoul, at a non-speed speed.

At the time, it is night and the road be bended by the mils of the surface due to its own expenses. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by reducing speed and accurately manipulating the steering and brakes so that he/she can safely drive the motor vehicle and safely.

Nevertheless, the Defendant neglected to do so and caused the failure of the vehicle to be driven by the Defendant, and the victim D(68) who had been driving more than the median line to the opposite line, was driving by the victim D(68) who had been driving more than the median line. The front part of the front part of the passenger car of the Defendant, which was driven by the victim D(68) who had been driving more than the median line, was the front part of the G Poter's left side of the passenger car driven by the victim F(49 years old) who was driving on the same three-lanes as the cargo vehicle was sealed.

Ultimately, the Defendant caused the death of the victim D in the same job due to the above occupational negligence, and the victim FF (year 49) suffered multiple scambling wounds in need of treatment for about two weeks.

Summary of Evidence

1. Each police statement made to F and H;

1. A written statement of I;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Investigation report (on-site investigation 1);

1. A report on investigation (road transit route);

1. Death diagnosis report (D) and victim (D);

1. A medical certificate (F);

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.

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