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(영문) 서울북부지방법원 2013.10.17 2013고단1945
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 driving of a vehicle of the C-2 Doz.

On June 10, 2013, the Defendant driven the above vehicle at around 04:05, and driven the three-lane road in front of 307-14, Jung-gu, Seoul, Jung-gu, Seoul, at a speed of about 79-82 km in the direction of the implicit distance from the long-distance outflow in the middle-speed basin.

Since there is a crosswalk on which signal lights are installed at the front of that place, there was a duty of care to safely drive a motor vehicle by checking 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 of the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim D who walked on the right-hand side of the moving direction with the pedestrian signal, and received the victim in front of the above vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim by the negligence of the above occupational negligence by the symptoms of low blood shock in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act is very serious as a result of the instant accident, and that the defendant was under urgent circumstances at the time of the accident, the criminal liability of the defendant is not weak; however, the victim was negligent in crossing the signal apparatus at the road of six-lane road from night to night, the victim also made efforts to recover damage by making a deposit, etc. in addition to vehicle comprehensive insurance, and there is no criminal record against the defendant.

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