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(영문) 광주지방법원 2015.03.04 2015고단43

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 one year 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 Cunst Cargo Vehicles.

On November 14, 2014, the Defendant driving the above cargo vehicle around 10:00, and driving the two-lane road in front of the distance crossing from the center of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the speed of the two-lane road from

There is a duty of care to temporarily stop in order not to obstruct the passage of other vehicles before entering the intersection, and to safely enter the intersection and prevent accidents by safely entering the intersection.

Nevertheless, the Defendant neglected this and got the front wheel part of the ESCOTRT 110 motorcycle driveed by the victim D (year 84) who was going into the market from the main terminal by the negligence of entering the intersection as soon as possible, and received the front wheel part of the ESCOTRT 110 motorcycle, which was driven by the victim D (year 84).

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence at the Jeonnam University Hospital located in 42, Dong-gu, Gwangju, Dong-gu, Gwangju, about November 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident 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. Alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations on the sentencing criteria: The area where the punishment is mitigated, while the traffic accidents in April to October of the credit cooperative are mitigated;

2. Specific reasons for sentencing - Circumstances: The defendant reflects the crime of this case, and the defendant has agreed with the bereaved family of the victim who died.