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(영문) 수원지방법원 성남지원 2014.06.19 2013고단2879
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

Criminal facts

On October 29, 2013, the Defendant, as his businesses around 09:10 on October 29, 2013, driven the Cmerc truck and continued to run approximately approximately 20 km in speed, depending on one-lane of the two-lanes of the roads in front of the Gannam-si, Gwangju Metropolitan City, as the one-lane of the two-lanes of the roads in front of the Gannam-si.

In this case, there is a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to reduce the speed and to see it well, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so, and went beyond the victim D (the age of 67) who crosses the right-hand side of the closed crosswalk from the left-hand side of the truck.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on November 9, 2013, while receiving medical treatment at the F Hospital located in Seongbuk-gu, Sungnam-si, Sungnam-si.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each legal statement of witness G, H and I;

1. Results of the verification of CCTV images CDs in this Act;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

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 (see, e.g., Reasons for sentencing)

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has caused the victim's gross negligence in violation of the duty to protect pedestrians in crossing protection, resulting in the death of the victim, etc., the issue is more serious.

However, the accident vehicle is covered by a comprehensive insurance, and the bereaved family members have agreed with the victim's bereaved family members and the bereaved family members.

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