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(영문) 광주지방법원 목포지원 2015.02.26 2014고단2103

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year 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 Gsch Rexton car.

On November 24, 2014, the Defendant driven the said car on November 17:32, 2014, and proceeded at a three-lane road in front of the wooden MbC, which is located in a 345-lane, Sinpo City, Sinpo City, at a speed not to be known one-lane to the market, from the third square.

At the time, it is difficult to secure view due to night and rain and it is difficult to get off the surface, so there was a duty of care to safely drive the road by reducing speed and thoroughly checking whether a person engaged in driving service is crossing the road and checking whether there is a person driving the road.

Nevertheless, the Defendant neglected to do so and did not properly drive a vehicle on the front side of the vehicle driving by the Defendant, and caused the victim H (80 years old) to cross the road to the left side of the direction of the Defendant’s driving by negligence.

Ultimately, the Defendant caused the victim to die due to such occupational negligence on December 5, 2014, at the Mapo Korean Hospital located in Mapo-ro 483, Sipo-si, Mapo-si, Sipo-si, Mapo-si, Mapo-si, Mapo-si, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey 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 Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. The fact that the defendant's decision on the sentence or suspended execution recognizes and reflects his own negligence, that the defendant has agreed with his bereaved family members, that there is an automobile comprehensive insurance policy, and that there is a part of the victim's fault with respect to the traffic accident in this case.