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(영문) 광주지방법원 목포지원 2016.09.23 2016고단722

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 B-II cargo.

On April 15, 2016, the Defendant driven the above cargo vehicle around 09:35, and led the victim C (76 years old) who was in front of the entrance of the village in the Yan-dong located in the Eup/Myeon located in the southan-gun-gun-gun, the Defendant driven the Datoba, which is driven by the victim C (76 years old) in front of the front direction from the Eup/Myeon to the 53km km-si.

It is one-lane road, and the road width is narrow, so in such a case, a person engaged in driving a motor vehicle has a duty of care to re-enter into a first-lane with a sufficient distance from the direction of the motor vehicle after overtaking the latter.

Nevertheless, the Defendant neglected this and got the victim to go beyond the victim due to the negligence of having the Defendant enter a two-lanes without viewing the rear side as well as having the Defendant go beyond the victim by taking the victim's Hand on the left side.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence at the F Hospital located in Sinpo-si E on May 2, 2016 due to the pulmonary cerebral cerebral cerebral eption.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death diagnosis certificate (C);

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the protection and observation of orders to attend school and Article 62-2 of the Criminal Act [Types of Decision] - Types 2 (Special Sentencing Death, etc.) (Special Sentencings : Reductions : [Scope of Recommendation] Reductions / [Scope of Recommendation] Reductions / From April to one year [General Sentencings] without prison labor / Reductions / Motor Vehicle General Insurance Subscriptions : Implosives - Aggravations - Aggravations : Other special cases falling under the proviso of Article 3(2) of the Act on the Special Cases of the Teaching.]