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(영문) 광주지방법원 목포지원 2015.01.23 2014고단2058
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 of B Poter Cargo Vehicles.

On October 8, 2014, the Defendant driven the above vehicle at a speed of 838 Do road in the vicinity of the Yaung-gun, Yari-gun, Yari-gun, the Defendant turned back from the side of the road to the Do road at a speed that would not be known to the nearest of the Yari-gun, Yari-gun, Yari-gun.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately manipulate the steering system, brakes, etc. of the motor vehicle and to ensure that it does not interfere with the driving of other motor vehicles by properly examining the traffic conditions of the direction of the operation.

Nevertheless, the Defendant neglected to do so and immediately left the local highway and entered the local highway.

E. The part of the victim C(75 years old) driver's Dop 100 Oral Sea was loaded on the left side of the Defendant's vehicle, which was going to the front side of the Defendant's vehicle.

Ultimately, at around 13:30 of the same day, the Defendant caused the death of the victim due to the above occupational negligence by cutting two alleys from the Young-gun, Young-gu, Young-gun, Young-gu, and the Young-gu, Young-gu, Young-gu, 3 of the M

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written diagnosis of death against C;

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act provides that a person shall be subject to the sentencing guidelines in consideration of the following: (i) the fact that he/she is recognized as a criminal act; (ii) the fact that he/she has subscribed to a comprehensive motor vehicle insurance and agreed to the amount of KRW 10 million agreed with the victim's bereaved family members; (iii) the fact that he/she has no record of criminal punishment other than fines imposed twice due to a violation of the Road Traffic Act in 193 and 197; (iv) the fact that he/she forms a multicultural family; and (iv) supports the wife from Vietnam and children aged seven; and

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