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(영문) 광주지방법원 2013.11.05 2013고단3824

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 B 2 cargo vehicles.

On July 17, 2013, the Defendant came to turn to the right from the 4th place to the 3rd place of virtue-gu, Busan Metropolitan City, Busan Metropolitan City, Busan Metropolitan City, Seopo-ro, Busan Metropolitan City, Seopo-gu, Busan Metropolitan City, to the left.

At that time, it is three-distance crossings that turn to the left side, so in such a case, the defendant engaged in driving of the motor vehicle has the duty of care to safely turn to the left after checking whether there is no pedestrian by reducing speed and properly examining the direction to proceed with the motor vehicle driving.

Nevertheless, the Defendant failed to discover the victim C (70 years of age) who was walking on the left side of the running direction by negligence of neglecting this, and proceeded the vehicle without discovering the victim C (70 years of age) and went into the vehicle, and went beyond the victim by shocking the front part of the left part of the Defendant vehicle.

Ultimately, the Defendant caused the death of a victim who was sent to a DNA emergency hospital due to the foregoing occupational negligence, which was sent to a DNA emergency hospital, and received treatment. At around 22:25 on the same day, the Defendant caused the death of the victim, such as a cup

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. The evidence and photographs of each traffic accident;

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 and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. The punishment as ordered shall be determined by comprehensively taking into account the fact that a victim died due to a traffic accident committed by the defendant for the reason of the enhancement of Article 62-2 of the Criminal Act, the fact that the victim has agreed with his/her bereaved family members and that the defendant has no record of punishment of a fine or heavier punishment;