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(영문) 광주지방법원 2013.11.29 2013고단5135
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 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 sealed and loaded vehicle B1 ton.

On September 10, 2013, the Defendant driven the above vehicle on September 19:15, 2013, and moved the vehicle to the warehouse of agricultural materials from the 365ccp. to park parking line in the parking lot of the agricultural cooperative, the c. 365cc.

Since the place is frequently where the passage of the NAE users is frequent, in such a case, the Defendant, who is engaged in the driving of the vehicle, has a duty of care to prevent accidents by carefully manipulating the operation of the vehicle, operation of the vehicle, operation of the steering system, etc., and by accurately manipulating the operation of the vehicle.

Nevertheless, the defendant neglected to perform his duty at the later time, and caused the victim by negligence that the victim C (the 60-year-old age), who was coming to the parking lot from the side of the defendant's vehicle, did not find out that the victim C (the 60-year-old age) was honding on the side of the vehicle behind the defendant's vehicle.

Ultimately, around September 10, 2013, around 20:57, the Defendant caused the death of the victim in the foregoing occupational negligence by low-blood shock shock at the E Hospital located in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

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

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 (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1248, Apr. 2, 2006)

1. Probation under Article 62-2 of the Criminal Act;

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