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(영문) 광주지방법원 2013.09.26 2013고단2960

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 three 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 a South-North water tank or a fire fighting vehicle.

At around 06:57 on May 20, 2013, the Defendant stopped the above vehicle on the water bridge located in the principle of the number of Pyeongtaek-Eup at the time when he left the vehicle.

At the same time, there are several slopes for the vehicle driving, so in this case, the defendant engaged in the vehicle driving duty has a duty of care to accurately operate the brake system and prevent the vehicle from being pushed down.

Nevertheless, the Defendant neglected this and caused the Defendant to close down the degree of about 30 meters of the above vehicle to the front road of the “sea fishing specialty store,” which is the place where the accident occurred, by negligence, and caused the victim C (W, 83 years old)’s body side at the front side of the vehicular road without delivering it to the sea fishing specialty from the front intersection, to the rear side of the said cargo.

Accordingly, at around 09:15 on the same day, the Defendant died of the victim in the E Hospital located in Gwangju-dong-gu, Gwangju, due to low blood transfusion shock, damage to satis, and satisfeing in the mouth.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents (report on actual condition), (1) and (2);

1. Evidence and photographs of the traffic accident;

1. Application of statutes to a copy of a death certificate;

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The punishment as ordered shall be determined by comprehensively taking into account the fact that a victim died due to a traffic accident committed by the defendant for the reason of the enhancement of Article 62-2 of the Criminal Act, such as the fact that the victim's bereaved family is agreed with the victim, the fact that the defendant is an initial offender;