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(영문) 의정부지방법원 2015.06.19 2015고단424
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bussch Rexroth first-aid vehicles owned by the Magner Medical Foundation.

On January 10, 2015, the Defendant driven the above vehicle on January 10, 2015, and driven the front door of the DNA gas station located in Pyeongtaek-gun, Gyeonggi-do, in the direction of Chuncheon.

The location is a road that combines with a two-lane road connected to the direction of Seoul in the direction of the Seoul. In such a case, a person engaged in driving service has a duty of care to prevent accidents by safely entering the road by making it possible for another vehicle to reduce speed in advance and enter the road.

Nevertheless, the Defendant neglected this and proceeded without changing the course and received shock absorption facilities installed on the right side in the front part of the driving vehicle in the front part of the Defendant.

In particular, the defendant's driver's vehicle at the time of the occurrence of the victim E (at the age of 48), who is the patient, has a duty of care to check and operate the safety labelling at the time of departure, but the defendant did not perform his duty to check and operate the safety labelling.

The Defendant, without wearing a safety level for the foregoing accident, caused the victim who was placed in the back seat of the Lone Star vehicle to be faced with the inside of the vehicle and fall on the floor, and caused the death by low-blood shock, etc. at the Seoul Asan Hospital on January 11, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. Photographs and on-site photograph of the initial measure;

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, the Act on Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act, which results from the death of the victim by negligence of the defendant, etc.

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