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(영문) 광주지방법원 순천지원 2013.10.31 2013고단1235
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 the Bros cargo vehicle.

On May 9, 2013, the Defendant driven the above cargo vehicle around 08:40, and proceeded at the speed of about 70 km from the high-interest side to the development of a road in front of the formation of a railway crossing at the front of the front of the new railway crossing.

There are three-distance crossings with the center line of yellow solid lines, which are prohibited from overtaking, so there was a duty of care not to overtake those engaged in driving service.

Nevertheless, the defendant neglected to pass over and proceed to the left by the victim C(76 years of age) who is driving at the front side of the above cargo vehicle, and due to the negligence that the victim C(76 years of age), who is driving at the front side of the above cargo vehicle, is passing to the left at the right side of the above vehicle, and received the front wheels part of the above Obama which was going to turn to the right side of the above cargo.

Ultimately, around July 11, 2013, around 15:09, the Defendant caused the victim’s death by occupational negligence, such as low oxygen transfusion, while receiving treatment from a F Hospital located in Gwangjubuk-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

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 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 of suspended execution (Consideration into agreement with the bereaved family members of the victim);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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