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(영문) 광주지방법원 2013.11.05 2013고단3536
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in freight trucking service B.

On July 19, 2013, the Defendant driven the above cargo vehicle on July 17:25, 2013, and proceeded along the intersection in front of the entrance of the hemp village in the front-nam-gun, e.g., the parallel from the surface of the hemp of the same military to the top of the south, from the surface of the hemp of the same military.

Since there is a place where traffic is not controlled, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a vehicle crossing by reducing the speed or temporarily stopping the vehicle.

Nevertheless, the Defendant neglected this and proceeded to turn to the left from the mathic village to the mathic mathic mathic mathic mathic mathic mathic mathic mathic mathic mathic mathic mathal.

Ultimately, at around 17:59 on the same day, the Defendant caused the death of the victim due to the injury to external wounds at the above place due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Photographs related to traffic accidents;

1. Application of Acts and subordinate statutes concerning autopsys;

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

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

1. The sentence as per the disposition shall be determined, comprehensively taking into account the following: (a) the victim died due to a traffic accident committed by the Defendant for the reason of the enhancement of Article 62-2 of the Criminal Act; (b) the victim’s death was against the victim; (c) the victim’s bereaved family members have agreed to do so; (d) the primary offender was the first offender; and (e) the victim’s entry into a narrow road where the accident occurred and the right-hand right-hand side was poor;

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