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(영문) 광주지방법원 2014.05.02 2014고단184
교통사고처리특례법위반
Text

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

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 a 1 ton cargo vehicle B.

On November 17, 2013, at around 18:25, the Defendant driven the above cargo vehicle, and proceeded with the national highways of 77 degrees each of which is 18:7 degrees each of which is 18:7 degrees each of which is 77 degrees each of which is 1:7 degrees each of which is 38 degrees each of which.

At the time, it was difficult to view the road without street lights on the night and on the roadside, so a person engaged in driving service has a duty of care to check and drive the course safety by well examining the prior left.

Nevertheless, the Defendant neglected this and neglected to look at the right side of the road in front of the proceeding direction by negligence, and did not discover the victim C, leisure, 57 years of age, the national of the People's Republic of China), and the victim D, leisure, 54 years of age, and the national of the People's Republic of China) and shocked C with the front side of the cargo vehicle above C, and led the victim to approximately 19 meters by sticking the victim to the front wheels of the said cargo vehicle.

As a result, the Defendant suffered injury to the above C, which requires approximately four weeks’ medical treatment due to occupational negligence, and caused the said victim’s death by brain pressure, etc. at the emergency department of the E Hospital, which was under the follow-up medical treatment at around 01:00 on November 18, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to C (an interpretation protocol);

1. A traffic accident report;

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

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

1. Alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act do not have any criminal records against the defendant, and agreed with the bereaved family members of the deceased victim, and the location where the instant traffic accident occurred was very difficult at night due to the absence of street lamps, and the instant case.

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