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(영문) 광주지방법원 순천지원 2015.03.06 2014고단1922
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 C Poter cargo vehicle.

On September 25, 2014, the Defendant driven the above cargo vehicle at around 06:48, and made the second line of the “E”, which is located in D at the time of leisure, turn to the left at the entrance and exit of the fside.

At all times, there is a road where the left turn is prohibited to the place where the center line of the yellow-ray is installed, so in such a case, there was a duty of care that a person engaged in driving service should not turn to the left, but should not turn to the center line.

Nevertheless, the defendant neglected to turn to the left without neglecting it and received the left part of the victim G (the 72-year old left part) who was crossing the center line on the opposite road, from the top part before the left part of the cargo vehicle, and caused the victim to go beyond the floor.

Ultimately, around 00:30 on September 29, 2014, the Defendant caused the victim's death by occupational negligence, resulting in the death of the victim to brain liver function due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Bribery in Gwangju Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident report (one report);

1. A traffic accident report (1) actual condition investigation report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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 recommendations] of the Act on the Suspension of Execution [the grounds for both types of general traffic accidents [the scope of recommendations] the mitigation area (4 to 10 months), the mitigation area (including special mitigation), the mitigation area (4 to 10 months), the mitigation area (including the advanced efforts to recover from damage], the decision of a sentence [the decision of a sentence] six months without prison labor, and the suspension of the execution of two years, the victim died of the instant traffic accident.

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

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