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(영문) 광주지방법원 2013.10.30 2013고단4147

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a cargo vehicle, called B 25 tons or more.

On July 2, 2013, the Defendant driven the above cargo vehicle on July 11, 201:30, while driving it along the two-lanes between the two-lanes in the south-Eup teachers' Do, Nam-gu, Chungcheongnam-do.

At the same time, the victim C(W, 39 years old) was crossing the road to the port from the right side of the direction, so the defendant, who discovered it, has a duty of care to avoid safely by checking the behavior of the victim.

Nevertheless, the defendant neglected this and continues to cross the road by negligence while driving the vehicle.

In other words, the victim who has stopped and walked on the road to the right side of the road was shocked by the front part of the defendant vehicle.

Accordingly, at around 00:10 on July 3, 2013, the Defendant caused the death of the victim by occupational negligence, such as the climatic salivosis, at the emergency room of the D Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of each traffic accident evidence and photographing statute;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant has agreed with his bereaved family members, that the vehicle is affiliated with the mutual aid association, that the defendant has no history of punishment, and that the defendant has a depth of his mistake);