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(영문) 광주지방법원 목포지원 2013.05.14 2013고단501
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed vehicle B.

On February 16, 2013, the Defendant driven the above vehicle at around 13:10, and driven the above vehicle at the front of the entrance of a smoke village located in the naval west-gun, Hapyeong-gun, Hapyeong-gun, the Defendant proceeded on a one-lane road at the front of the entrance of the naval village located in the naval Hap-gun, Hap-gun,

At this point, it is a narrow road of one lane and is proceeding at a slow speed in the front door, so in such a case, the person engaged in driving service has a duty of care to prevent the accident by driving the front door in a safe way.

Nevertheless, the Defendant neglected to do so and received the rear part of the Victim C (Age 67) driving, which was proceeding at the front of the above vehicle due to negligence.

On February 16, 2013, the Defendant: (a) caused the death of the victim due to cerebrovassis at the E Hospital located in Young-gun D, Young-gu, Young-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City Mayor/Do Governor), which was receiving after-the-job treatment on February 16

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes on accident-related 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. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the victim died due to the Defendant’s instant crime, and the victim’s bereaved family member did not reach an agreement with the victim and thus, the victim’s bereaved family member still requested a

However, the fact that the defendant recognized the crime of this case, the vehicle of the defendant is covered by comprehensive insurance, the defendant deposited 25 million won to his bereaved family on March 2013, and the defendant's negligence does not fall under the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the second father and wife of the defendant due to the accident of this case.

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