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광주지방법원 장흥지원 2013.10.31 2013고단151

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 a two-metric tons of cargo vehicles of Category C.

On May 13, 2013, at around 11:50 on May 13, 2013, the Defendant driven the above cargo vehicle, and led the front road of luran Agricultural and Industrial Complex, located in the Gluran-gun of Gangwon-do (Korean Dodo 23 Line), to one-lane from the surface of luran-do to the surface of the Jurin-Eup

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the right side of the motor vehicle, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and found that the Erocketing car of D Driving, which was proceeding in the front direction of the driver’s seat window in the same direction as that of the driver’s seat window, was immediately driven, and was immediately driven. However, the Defendant did not stop and was in the front part of the above cargo lane.

Ultimately, at around 13:28 on May 13, 2013, the Defendant caused the victim F (the 74 years of age) who was on board the said rocketing vehicle due to the above occupational negligence, to die from a low-capacity shock show due to the blood, cerebral blood, at H Hospital located in Gangnam-gun G, Gangnam-gun, Jinnam-gun, and at the same time caused the victim I (the 74 years of age), to die from the K Hospital located in the Jinnam-gun, Gangnam-gun, Jinnam-gun, Seoul, at around 16:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to L, D, M, N, andO;

1. Report on the occurrence of a traffic accident, report on actual condition investigation, and investigation report (related to the analysis of black and video records);

1. Each death certificate;

1. Application of Acts and subordinate statutes to scene photographs and explanations of the accident site photographs, and to photographs of each deceased person;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished for traffic-related crimes several times, but he/she has been driving with due care.