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(영문) 광주지방법원 순천지원 2014.11.28 2014고단1489

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 Clearning car.

On May 28, 2014, the Defendant driven the above vehicle on the 11:51, around 201, and proceeded with the long intersection3 distance on the endro in the endic endic endic endic endic endic endic endic endic endic endic e

Since there is a three-distance intersection without a signal, a person engaged in driving of a motor vehicle has a duty of care to enter the intersection after reducing the speed in front of the intersection and temporarily suspending the vehicle before the intersection, and ascertaining whether there is a vehicle going through the intersection.

Nevertheless, the Defendant received the front part of the Defendant’s vehicle in front of the front side of the EINI Orki, which is driven by the victim D, who had entered the said intersection in the front direction of the course by the negligence of the Defendant entering the said intersection without checking whether there is a vehicle driving by entering the said intersection.

Ultimately, the Defendant caused the death of the victim by occupational negligence at G Hospital located in Mineyang-si F, where hospitalized treatment was conducted around 05:00 on September 28, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey 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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending sentence] of the Act on the Suspension of Execution [the grounds for both types of general traffic accidents [the scope of recommending sentence] general traffic accidents in the area of mitigation (4 to 10 months), [the area of mitigation (including specially mitigated persons] penal penalty (including efforts to recover from damage] [the decision of sentence] six months without prison labor], and the instant traffic accident in the year of suspension of the execution of two years, resulting in a serious result leading to the death of the victim.

(b).