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(영문) 광주지방법원 2014.03.14 2014고단188

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a 1 ton cargo vehicle B.

On November 30, 2013, the Defendant driven the above cargo vehicle around 18:00, and continued to drive a one lane in front of the Songnam-gun, Young-gun, Chungcheongnamnam-do, Songnam-do, a two-lanes in front of the Songnam-do, Songnam-do, a two-lanes in front of the Songnam-do, a speed of about 60km.

At the time, it is night, and since the front view of the vehicle from the opposite line is inferior due to the light of the light of the vehicle from the opposite line, there was a duty of care to reduce speed to the person engaged in the vehicle driving business and to safely check the front door well.

Nevertheless, due to the negligence of neglecting this, the defendant did not discover the bicycle driven by the victim C (the age of 86) who was going on the front side of the defendant, and received the front part of the truck as the front part of the truck.

Ultimately, at around 18:31 on the same day, the Defendant caused the death of the victim in the emergency room of the D Hospital located in Young-gun, Jeonnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (it is recognized that the death of the victim was the result thereof; however, considering all the circumstances, such as the confession and reflect of the crime in this case; the defendant's consent to the victim's bereaved family members; the above bereaved family members do not want the punishment of the defendant; the defendant's vehicle purchased a comprehensive motor vehicle insurance policy and seems to be helpful for the recovery of damage to the above bereaved family members; the defendant has no criminal history; and the defendant's age, occupation, and economic situation,