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(영문) 광주지방법원 순천지원 2015.01.16 2014고단1933
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a cargo vehicle B, U.S. P.C. 27 tons.

On July 5, 2014, around 09:55, the Defendant continued to proceed at a speed of about 80 kilometers from the right side to the right side of the river, which moves from the right side of the river, to the right side of the river, which is located in the Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-do.

At this point, there was a quarterly point to the net thousand balkh, so there was a duty of care to ensure the safety distance to avoid the collision in the case of reducing the speed of the vehicle that is driven by the driver, while driving the vehicle to prevent the accident in advance.

Nevertheless, the Defendant did not secure a sufficient safety distance with the front vehicle, and by negligence driven by the victim C(60 years old) driving, received the back part of the left-hand part of the said cargo vehicle as the front-hand part of the said cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the brain pressure damage caused by the dystrokes of the two dystrokes in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. On-site photographs;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending sentence] of the Act on the Suspension of Execution [the grounds for both types of general traffic accidents] Article 62(1) of the Act on the Suspension of Execution [the grounds for both types of traffic accidents [the scope of recommending sentence] Article 2(1) of the Act on the Suspension of Execution (the area of mitigation of traffic accidents) [the area of mitigation (4 to 10 months] (including the case of special mitigation), penalty not (including the advanced effort to recover from damage]

However, the defendant reflects the crime of this case, and the same kind of crime.

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