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(영문) 광주지방법원 순천지원 2015.06.26 2015고단621
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 who is engaged in driving of C Freight.

Around 06:55 on February 11, 2015, the Defendant driven the above cargo vehicle and proceeded with the first line road in front of the Jeonnam Science High School, which is located in the Dobong-gu, Jeonnam-gu, Jeonnam-do, at a ethic distance from the old ethic room to the ethic air.

At the time, immediately before and after the winter season, the driver had a duty of care to reduce the speed and to safely drive on the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to perform the above duty of care and found that the victim D (ma, 67 years old) who passed ahead of the course due to the negligence in the course of the course of the operation, left the hand to the port to avoid this. However, the Defendant was unable to take the measure and was on the left part of the cargo to the front part of the port of the truck.

On March 22, 2015, at around 14:28, the Defendant: (a) caused the victim to die with acute humconsis caused by the infection in the Songpa-gu Seoul Asan Hospital located in the Olympic Games, Songpa-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, evidence and photographs, and a de facto investigation 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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The range of recommendations on the sentencing criteria [decision of types] and the range of general traffic accidents in the category II (the death of a traffic accident by a special person): Reduction factors (including serious efforts to recover damage): Reduction factors of punishment (including general person): Relief measures after an accident, comprehensive motor vehicle insurance policy (general person) increase factors: Cumulative repeated crimes of this kind;

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