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(영문) 광주지방법원 2014.04.10 2013고단6124

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 C Poter cargo vehicle.

On August 23, 2013, the Defendant driven the above cargo vehicle around 09:10, and led to the intersection of the private distance in front of the village in the calculation of the village in the Masan-ri of the Masan-gun of Yongnam-gun to the boundary of the new north-do.

The above place is a private distance intersection where no signal apparatus is installed, and is a intersection with a farm road where there is no lane classification, and in such a case, a person engaged in driving service has a duty of care to drive the vehicle before entering the intersection and check whether the vehicle is in progress by checking well the front left, and there was a duty of care to drive the vehicle.

Nevertheless, the Defendant neglected to perform his duty of e-mail, and neglected to proceed at a speed of approximately 55 kilometers, which is a speed prior to the entry into the intersection, and did not discover the E-ga City 100 o-to-land of the victim D(60 years old) driving, which is proceeding from the left fright side of the cargo driving direction to the right side of the village where the right side is calculated, and caused the victim to go beyond the floor with the front side of the said cargo.

At around 15:35 on August 23, 2013, the Defendant caused the foregoing traffic accident and caused the victim to die with severe trauma brain damage and low blood transfusion shocks during treatment at F Hospital located in the Dong-gu in Gwangju-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning G;

1. Each report on the occurrence of a traffic accident, the actual survey report, and the death certificate (D);

1. Application of each image statute of a traffic accident scene photograph;

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. The scope of recommendation for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is limited to the range of general traffic accident mitigation range.