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(영문) 광주지방법원 2015.01.22 2014고단4326

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 cargo vehicle C1 ton.

Around 1:30 on October 28, 2014, the Defendant was driving the said cargo vehicle on his own as of 11:30 on, and driving the road to the Hansung Village located in the Yeong-gun, Young-gun, Young-gun, the Defendant: (a) while overtaking the bicycle of the victim D (the age of 84) in a mountain village located in the Hansung-gun, Young-gun, Yan-gun; (b) was negligent in failing to properly operate the steering gear; (c) caused the victim’s bicycle riding to go beyond the floor on the front part of the said cargo vehicle’s front part; and (d) caused the victim’s shock to the upper part of the bicycle riding on the front part of the said cargo vehicle’s front part; and (d) around 12:50 on October 28, 2014, the Defendant was suffering from brain damage and cardiopulmonary damage caused by cerebriform and flaul in the middle-gun, Young-gu, Youngnam-gun, and the

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. 집행유예 형법 제62조 제1항 양형의 이유 [권고형의 범위] 일반 교통사고 > 제2유형(교통사고 치사) > 감경영역(4월~10월) 이 사건 교통사고로 인한 결과 중한 점, 과실 정도, 피해자의 유족과 합의에 이른 점, 범죄전력 없는 점, 그 밖의 피고인의 연령, 성행, 환경 등 제반 양형요소를 종ㅎ바하여 형을 정한다.

It is so decided as per Disposition for the above reasons.