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(영문) 광주지방법원 해남지원 2013.10.23 2013고단192
교통사고처리특례법위반
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Defendant shall be punished by imprisonment without prison labor for eight months.

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 C-R trucks.

At around 13:30 on April 9, 2013, the Defendant driven the victim D (year 51) while boarding the said truck, and led the Defendant to drive the road prior to the mobilization of the bamboo trees, which is located in the forest of the Ynam-gun, Jindo-gun, Jindo-gun, along the direction of the East-do village, along the one-lane distance from the direction of the East-do village.

In such cases, the Defendant had a duty of care not to drive the victim with the vehicle loaded in order to prevent the fall of the victim.

Nevertheless, the Defendant neglected this and caused the victim to die on the road by neglecting the negligence of carrying the victim on the truck, and caused the victim to die with pressure at the “E Hospital” which was under the follow-up treatment at around 18:21 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. The actual condition of traffic accidents;

1. A death certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the vehicles operated by the defendant are covered by a comprehensive insurance, and the defendant has agreed to do so separately with the bereaved family members of the victim, the defendant has a depth of and reflects his mistake, and various circumstances, such as the defendant's age, character and conduct, family environment, and circumstances after the crime, etc. recorded in the records of this case) or more.

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