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(영문) 서울남부지방법원 2014.04.10 2014고단436
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 is engaged in driving freight B.

On 20, 05:25 on 20, 201, the Defendant driven the above cargo vehicle and proceeded at a speed of about 10 kilometers from the ro market to the Masan-ro, Guro-gu, Seoul, about 25-gil.

At this point, the width is narrow, narrow, and slope is the side of the road, and the snow at the time was accumulated, and in such a situation, a person engaged in driving service has a duty of care to safely handle and safely handle the steering direction and the brake system of the vehicle while driving slowly so that the vehicle can not be slick.

Nevertheless, the defendant neglected this and proceeded to the right side of the victim C(73 years of age) who was coming to the right side of the victim C(73 years of age) who was coming to the right side of the back of the start, and led about about 6-7 meters to the right side of the cargo.

Ultimately, at around 05:49 on the same day, the Defendant caused the death of a victim due to the above occupational negligence, resulting in the death of a patient after the hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the occurrence of the instant accident, etc. as the Defendant has agreed smoothly with the bereaved family members of the victim, and the snow sclicked road on the road in a decline);

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