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(영문) 광주지방법원 해남지원 2014.02.19 2013고단381
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a KS5 car.

On September 17, 2013, the Defendant driven the above car on September 19:15, 2013, and led the Defendant to drive the said car along a one-lane road in front of the Kacheon-si, Yannam-gun, Yannam-gun, in the direction of the Gacheon-ri, in the direction of the Gacheon-do.

Since the place is where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant neglected this and received the front portion of the passenger vehicle driving by the Defendant at the left-hand side of the passenger vehicle driving by the victim E(77 years old) driving at the opposite vehicle due to the negligence of driving the center line.

On the same day, the Defendant, at around 20:10 on the same day, caused the above victim’s death by the long-term damage in an emergency room of “G Hospital,” located in the Namnamnam GunF of the same day, and at the same time, suffered injury to the victim H (V, 73 years of age) who was on board the said catule during the said catule season, such as the alley 3, which requires approximately 12 weeks of medical treatment, and injury to the victim I (V, 30 years of age) who was on board the said K5 car, such as the catum catum, tension, tension, etc. requiring approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident prepared by the I;

1. A death certificate;

1. Each written diagnosis (H, I);

1. Application of evidence on the scene of accident-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with the largest penalty);

1. Selection of alternative imprisonment without prison labor;

1. The fact that the victims of Article 62(1) of the Criminal Code have agreed smoothly with the victims of the suspended execution, the fact that his mistake has been pened and reflected in depth, and the defendant.

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