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(영문) 광주지방법원 순천지원 2014.10.01 2014고단1223

교통사고처리특례법위반

Text

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

except that 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 car in a SP area.

On May 12, 2014, the Defendant driven the above car at around 18:15, and moved the road in front of the entrance of the D Building at a leisure time to the D Building from the direction of the citizen center.

Since there are pedestrians around the road in the vicinity of the house, there were duty of care to prevent accidents in advance by thoroughly examining the front side and the right and the right of the driver of the vehicle, and operating the steering boat and the brake system accurately and safely.

Nevertheless, the Defendant did not discover the victim E (n.e., 84) at the entrance of the building at the time when he was negligent in neglecting it and did not discover the victim E (n.e., 84 years old) and caused the death of the victim at the innnam Hospital around May 12, 2014, in excess of the victim's body part with the front wheeler of the car at the road by shocking the victim with the front wheeler of the car.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (one report);

1. The actual condition survey report;

1. On-site evidence and photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendations] of the Act on the Suspension of Execution [the grounds for both types of general traffic accidents [the scope of recommendations] the mitigation area (4 to 10 months), the mitigation area (including special mitigation), the mitigation area (4 to 10 months), the mitigation area (including the advanced efforts to recover from damage], the decision of a sentence [the decision of a sentence] six months without prison labor, and the suspension of the execution of two years, the victim died of the instant traffic accident.

However, the fact that the defendant did not have any criminal record for the first offense, against the crime of this case, the victim's bereaved family members and the victim's bereaved family members have agreed to do so is somewhat somewhat.