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(영문) 광주지방법원 2013.04.09 2013고단143

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a string three cargo vehicles.

At around 17:40 on July 15, 2012, the Defendant driven the above cargo vehicle, while driving it in the city of king, sent straight distance from the king side to the king side of the king, along the three-lane distance from the west side of the East River.

그곳은 교통정리를 하고 있지 아니하고 양보를 표시하는 안전표지가 설치되어 있는 ‘ㅏ’자형 교차로이므로 이러한 경우 운전 업무에 종사하는 사람에게는 속도를 줄이고 교차로에 다른 차량의 진입이 있는지 등 다른 차들의 동태를 잘 살피면서 진행하여 사고를 미리 미리 막아야 할 업무상의 주의의무가 있었다.

Nevertheless, the Defendant neglected to do so and proceed as is without reducing the speed without examining whether there is a vehicle to enter the intersection, and was driven by the victim E (the age of 64) who entered to turn to the right from the south side of the intersection to the parallel of the road, and received the front portion of the vehicle driven by the Defendant.

Ultimately, around July 15, 2012, the Defendant caused the death of the victim due to the cardiopulmonary suspension due to traffic accidents at G Hospital in Nasi-si around 18:29 on July 15, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, and evidence and photographs of each traffic accident;

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 Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of a sentence] Traffic Crime: General traffic accident:

2. The person causing a traffic accident [the determination of the recommended area] basic area [the scope of recommendation] from August to June [the general person] - the general mitigation person's automobile comprehensive insurance policy.