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(영문) 광주지방법원 2014.11.19 2014고단3849
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

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On September 15, 2014, the Defendant driving the above cargo vehicle around 10:30, and driving the 80-lane, Seo-gu, Seo-gu, Seo-gu, Gwangju at a speed not to be known to the 3-10-lane, Seo-gu, Seo-gu, Seo-gu, Seo-gu, about the 80-lane, and stopped the vehicle moving to the cryp reservoir at a speed not to be known to the cryp.

In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle when it is likely to impede the normal passage of pedestrians, and in order to drive the motor vehicle behind, he/she shall use his/her hand, direction indicator, or light until the act is completed, and he/she has a duty of care to check whether there is a pedestrian or not, and to safely drive the motor vehicle to prevent the accident in advance.

Nevertheless, the Defendant, while neglecting the above duty of care, got the victim D (the age of 90) to walk on the apartment of the same franck on the side of the wind reservoir due to the negligence of the following, and got the victim to go beyond the road.

At around 15:00 on the same day, the Defendant caused the death of the victim at the Jeonnam University Hospital located in Gwangju-ro 42, Dong-gu, Dong-gu, Gwangju due to the injury to external wounds.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A death certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] is the reason for sentencing under Article 62(1) of the Criminal Act. The following special circumstances are the motive, background, means, and means of the instant crime.

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