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(영문) 광주지방법원 2013.10.15 2013고단3227
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year 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 the 5 tons cargo vehicle B.

On May 20, 2013, the Defendant, at the 10:30 on May 20, 2013, proceeded to the redly dried village on the side of Saririri, Sari, where the redly dried ginseng intersection was the intersection of the red ginseng.

Since the safety zone is established, the defendant engaged in driving of the motor vehicle has a duty of care to not enter the place where entry is prohibited by safety signs such as safety zones.

Nevertheless, the Defendant neglected this and stopped the vehicle to a safety zone for telephone communications, etc. by the negligence of entering the safety zone and stopping the vehicle, or the part of the Defendant’s vehicle driving by the victim C (the 70-year-old) driving on the left side of the Defendant’s proceeding, which was driven by the right-hand side of the D1 ton of the freight vehicle, was shocked into the left side of the Defendant’s freight vehicle.

After all, the Defendant caused the above victim's death by occupational negligence as a result, in his job, with a scarcity.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Determination of the sentence like the order shall be made, comprehensively taking into account the fact that the victim died due to a traffic accident committed by the defendant for the reason of suspension of execution under Article 62 (1) of the Criminal Act, and the depth is reflected in the victim's depth, and that the victim's bereaved family members agree with the victim, the defendant is the primary offender, and the victim

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