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(영문) 광주지방법원 순천지원 2014.01.15 2013고단2101

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

Around 14:15 on October 3, 2013, the Defendant driven B cargo vehicles at the speed of about 101km from the dong-gun, Goung-gun to the east-gun, Goung-gun, Goung-gun, the front of the road in front of the dong-gun, Jung-gun, Chungcheongnam-gun.

At this point, the speed limit was 60 km per hour, and the driver was proceeding ahead of the road on the side of the front side, so in such a case, the driver of the motor vehicle has a duty of care to observe the speed limit and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, while the defendant neglected this and proceeded with a limited speed exceeding 41 km per hour, the defendant is proceeding to the right side of the road in front of the direction of the defendant's proceeding.

The inside side of the road was found to be late behind the traffic of the victim C(67 years old) driver, but it did not operate the road and received the back part of the left side of the cargo loaded in front of the said cargo, and caused the victim to fall off on the road surface.

Ultimately, at around 05:05 on the 11st day of the same month, the Defendant caused the death of the victim due to the above occupational negligence in D Hospital to the climatic death by preventing the victim from being injured.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant is against the defendant, the fact that there is no criminal record exceeding the fine, and the fact that the victim has agreed with his/her bereaved family