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(영문) 서울서부지방법원 2016.10.04 2016고단1957
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 the operation of the Poter, Pospostong-fol vehicle.

On April 13, 2016, the Defendant driven the above cargo vehicle around 19:30, and proceeded with the 9-lane in front of the 9 independent, Seomun-gu Seoul, Seoul, along with the one-lane in front of the latter part of the 9 independent, Seomun-gu, Seoul.

Since a crosswalk without signal, etc. is installed frequently with frequent traffic of pedestrians, a person engaged in driving of a motor vehicle has a duty of care to live well before, after and after, and on the right and right of the motor vehicle, to accurately operate the steering wheel and brakes, and to not drive the motor vehicle by speed or method that may cause danger and obstacle to others according to the traffic condition of the road.

Nevertheless, as the Defendant neglected to perform his duty at the front direction, the Defendant did not discover the victim D (n, 87 years old) who crosses the crosswalk at the right point of the crosswalk in the right direction, and did so by negligence in the course of business without finding out the victim D (n, 87 years old) who crosses the victim's breast part in front of the truck of the Defendant.

Ultimately, around 08:51 on April 14, 2016, the Defendant caused the victim’s death by occupational negligence, such as an exposure shock (e.g., acute shock (e., acute shock) while being being treated at the Gangwon-gu Hospital located in Jongno-gu Seoul Metropolitan Government 29.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. A death certificate;

1. Application of the Acts and subordinate statutes on black stay images;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. General traffic accidents, death of traffic accidents, and area where punishment is mitigated: From four months to one year without prison labor;

2. Reasons for negative reference as to the suspension of execution:

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