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(영문) 서울남부지방법원 2015.01.22 2014고단4755
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a C Poter cargo vehicle.

On October 23, 2014, the Defendant driven the above cargo vehicle around 11:13, and proceeded at a speed of about 15 to 20km in the speed of about 17:5 lanes, which is about 17:5 lanes, as Geumcheon-gu Seoul Metropolitan Government, along the five-lane road.

At the same time, there is a crosswalk where a signal, etc. is installed, so a person engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right and the right, and to drive safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and led the victim D (the age of 65) who cross the crosswalk from the right side to the left side by neglecting that the vehicle driving signal was changed to the stop signal, and due to the negligence of proceeding, the Defendant got the victim D (the age of 65) who crossed the crosswalk from the right side to the left side of the road.

As a result, the Defendant caused the death of a light-time transfusion from a hospital in the Gangnam-gu Seoul Metropolitan Government (Seoul Metropolitan Government), which was located on the 28th 02:14 New-ro of the same month due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [the scope of recommendation] general traffic accidents in Article 62(1) of the Criminal Act, and there are no basic areas (the judgment of sentencing is heavy in light of the defendant's negligence and degree of damage. However, there are all kinds of circumstances such as the defendant's age, character and conduct, environment, and circumstances after the crime.

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