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(영문) 광주지방법원 목포지원 2015.05.12 2015고단330

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 B car cars.

On February 4, 2015, around 06:35, the Defendant proceeded along the three-lane road of the Dopppner of the D gas station in Sinpo City C along the two-lanes from the north bank of the Ban Highway to the north bank.

At the time, it was not good that the front view was set up with a new wall, and there was a section of stop, so there was a duty of care to reduce speed and to prevent accidents by driving safely by checking well the right and the right of the driver of the motor vehicle.

Nevertheless, as the Defendant neglected the duty of occuper in order to change the lane, the Defendant did not see the victim E (the age of 86) who crosses the occupe as the right side from the left side of the direction of the proceeding to the right side, and did not see the victim E (the age of 86).

Ultimately, at around 06:47 of the same day on the same day due to the above occupational negligence, the Defendant caused the death of the victim due to the two frameworks, etc. at the traffic accident scene.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report (1), and (2);

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs by field evidence photographs, fact-finding surveys, and cutting booms;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, two months from February to October (a person who is a special mitigation offender: the victim is also negligent in causing a traffic accident, and a victim is not subject to punishment);

3. The decision of the sentence and the suspension of execution are deemed to have recognized and reflected his mistake, and the victim shall be deemed to have suffered a traffic accident while crossing without permission.