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(영문) 광주지방법원 2014.02.14 2013고단5265
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

Around 17:44 on June 30, 2013, the Defendant driven a freight truck of C4.5 tons and proceeded along two-lanes from the Youngamban to the two-lanes on the surface of the Youngamban, and the Defendant did not immediately stop but stopped at a point where approximately 100 meters have passed from the Road Management Personnel D belonging to the Hansan Regional Land Management Office, and did not stop, and did not negligent in performing his/her duty of care to accurately operate the steering gear and brakes, and instead did not discover the victim E (the male and 42 years of age) who is a road management staff member at the later bank due to negligence in performing his/her duty of care to safely drive the steering gear and brakes, and caused the death of the Defendant’s vehicle by causing damage to his/her body, etc. on the same day by taking the left rear wheels of the Defendant’s vehicle to the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of the Acts and subordinate statutes to capture CCTV images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no record of being sentenced to imprisonment without prison labor or a heavier punishment, the fact that the crime of this case is against the victim, and the fact that he/she agreed with the bereaved family members);

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