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(영문) 서울중앙지방법원 2015.01.14 2014고단9036
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 knife vehicle.

At around 15:20 on September 3, 2014, the Defendant, at around 15:20, proceeded with a four-lane road from the distance of Samsung Medical Center to the LIC along the two-lane near the Gangnam-gu Seoul Metropolitan Government Ilwon apartment complex 103-dong.

At the time, since the surface was dissatisfyed due to the malfunction of the road at the time, in such a case, the driver had a duty of care to reduce the speed and to safely drive the motor vehicle in good manner and prevent the accident from being unsatisfed.

Nevertheless, the Defendant neglected to do so and neglected to drive the said car while driving the said car at the front time, and did not find out the victim C, who was crossing the said road from the right edge of the Defendant’s moving direction to the left-hand side of the right side of the running direction, and received the victim as the front-hand part of the said car.

Accordingly, around September 30, 2014, the Defendant caused the death of the victim at the Samsung Seoul Hospital, Gangnam-gu Seoul, Seoul, by its occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report;

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

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (In light of the circumstances, such as the fact that the defendant reflects his fault, that there was an error of crossinging a four-lane road without permission even for the victim, that there was an insurance policy, and that there was an agreement with the victim’s bereaved family members);

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