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(영문) 광주지방법원 목포지원 2014.05.22 2014고단289

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

Around 18:50 on January 10, 2014, the Defendant driven the said car and driven the two-lane road in front of the 148 open intersection-ro 148 square meters from the side of the public library to the 40km starting from the front of the public library.

At the time, it was difficult to secure the view at night, so there was a duty of care to reduce the speed and to drive the person engaged in driving service in good manner.

Nevertheless, the defendant neglected this and found the victim C(78 years of age) to the left-hand side by the negligence of driving a vehicle without proper prior to the front-hand side of the driver's car, and operated the hand to the right-hand side in order to avoid this. However, the defendant did not avoid it and caused the victim to face the left-hand side of the victim's car by receiving the front-hand side of the driver's car.

Ultimately, the Defendant caused the death of the victim at the emergency room of the E Hospital located in Mapo-si, where the victim was under the after-the-job treatment on January 10, 2014, around 19:40 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, accident site, and vehicle photograph;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Type II of traffic accident;

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. The decision of sentence and suspension of execution are recognized and contradictory to the defendant's mistake, the fact that the defendant has agreed with the bereaved family members of the victim, and the defendant has no previous conviction.