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(영문) 광주지방법원 장흥지원 2014.05.22 2014고단34

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a D-ro taxi.

On November 28, 2013, the Defendant driven the above taxi on November 28, 2013, and proceeded at approximately 110km in speed from the west-gun to the west-Eup, Bosung-gun.

At the same time, the speed limit is 80 km per hour, and at the same time, the surface is sleeped and slicked. In such a case, there was a duty to take an action to prevent accidents, such as complying with the speed limit and making a good living on the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and found it late to stop on the road by causing a traffic accident by the victim E (hereinafter referred to as 30 years of age) at the right direction at the front of the proceeding. However, the Defendant’s negligence, which led to a limited speed exceeding 30 km, led to the victim E and the victim G (e.g., 51 years of age) who was in front of the Defendant’s front part of the said taxi at the right direction and near it.

Ultimately, the Defendant caused the victim E by such occupational negligence to die from scarbing with chest scarfing, etc. on the job, caused the victim G to die from brain damage, etc. on the job, and suffered injury to the victim H(52 years old), who is the passenger of the said taxi, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A H statement;

1. The actual condition of traffic accidents;

1. A written request for examination of each body;

1. A medical certificate for H;

1. An appraisal report and a comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes on the scene of traffic accident, evidence, photographs, photographs of seized objects, and dead bodies postmortem photographs;

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. Article 62 (1) of the Criminal Act;

1. Social services;