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(영문) 광주지방법원 목포지원 2014.11.27 2014고단1479

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving of one ton cargo vehicles B.

On June 4, 2014, the Defendant driven the above cargo vehicle on June 15:42, 201, and led the Defendant to drive a road at the speed of 40 km south, Hamyeong-gun, Hamsan, Samsan-do, Samsan-do, Hamsan-do, Hamsan-do, to the west from the west Eup.

In such cases, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to observe the speed limit and safely drive the motor vehicle.

Nevertheless, while the Defendant neglected to do so and proceeded at a speed of about 72 km per hour exceeding the limit, the Defendant was driving a DNA motor bicycle for the victim C(82 years old) driving directly from the left side of the Defendant to the PC farming, as the front side of the freight vehicle of the Defendant.

Ultimately, around June 4, 2014, the Defendant caused the death of the victim due to cerebral transfusion at the Gwangjunam University Hospital around 21:20 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and photographs related to accidents;

1. A written appraisal;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. Although there was a serious result of the determination of sentence or the death of the victim as to whether to suspend execution, the defendant's negligence is recognized and against his/her will, the fact that the defendant has agreed with his/her bereaved family members, the fact that the motor vehicle comprehensive insurance has been covered by a fine, the defendant has no record of criminal punishment, and the defendant's age, character and conduct, family relationship, etc. shall be considered.