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(영문) 광주지방법원 장흥지원 2014.10.30 2014고단115

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that 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 Class B high Class III cargo vehicle.

Around 1:30 on May 26, 2014, the Defendant driven the above cargo vehicle, and proceeded ahead of the mountain village in the border of the Yung-gun of the Yungung-gun into the Cheongnam-gun of the Yung-gun.

Since there is a road where the center line of yellow solid lines is installed, there is a duty of care to prevent accidents, such as making it possible for a person engaged in driving service to see the front line and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation,

Nevertheless, the defendant neglected this and caused the collision between DNS300 driving by the victim C(the age of 46) who was majud in the opposite lane due to the negligence of the fright line, and the front part of the dNS300, which was driven by the victim C(the age of 46).

Ultimately, at around 13:45 on the same day, the Defendant caused the death of the victim at the Jeonnam University Hospital located in 42, Dong-gu, Gwangju, Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents, Type 2 (Death of Traffic Accidents), Type 3 (Special Mitigation) (Special Mitigation) [Pronouncement Decision], 8 months of imprisonment without prison labor, 2 years of suspended sentence, 2 years of imprisonment without prison labor, the defendant invadeds the central line, and 3 years of suspended sentence. Although there were significant results of the death of the victim, it is recognized that mistake and reflects, the comprehensive motor vehicle insurance is subscribed to, and the victim does not want to be punished by the defendant in the victim's side by mutual consent with his/her bereaved family members, the fact that there is no criminal conviction in