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(영문) 광주지방법원 순천지원 2013.10.08 2013고단1371

교통사고처리특례법위반

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

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 a person who is engaged in driving a motorcycle B.

On May 26, 2013, the Defendant driven the above motorcycle on May 20, 2013, while driving the above motorcycle, which led to the course of the road in front of the central intersection in the west of the calendar in the west of Goung-gun, Goung-gun, Goung-gun.

At the time, there is a place where the center line of the yellow-ray was installed at night, so in such a case, there was a duty of care to see the front left well for those engaged in driving motor vehicles, etc., and to prevent accidents in advance.

Nevertheless, the defendant neglected this and caused the front wheel part of the bicycle driven by the victim C (Nam, 87 years old) with the front wheel part of the bicycle driving along one lane due to the negligence of the center line.

Ultimately, on June 9, 2013, the Defendant caused the death of the above C due to an anthromatic shock, etc. during the treatment of traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs of traffic accidents;

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

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that the bereaved family member and the bereaved family member have agreed smoothly with the bereaved family member and that the bereaved family member had no criminal record of suspended execution or more);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;