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(영문) 광주지방법원 장흥지원 2015.05.14 2015고단10
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 hyp truck truck truck truck vehicle.

On November 19, 2014, the Defendant driven the above cargo vehicles around 06:35, and proceeded ahead of the new bus stops located in the new area of Jin-gun, Jin-gun, Jin-gun, with the front of the new bus stops located in the new area of Jin-gun, Jin-do.

Since its location is 40 km per hour and it was difficult for a person engaged in driving service to take the place around it due to the new wall time, there was a duty of care to observe the speed limit to the person engaged in driving service, to watch well the right and the right, to accurately manipulate the steering and the operation of the steering system, and to prevent the accident due to the failure of the accident.

Nevertheless, the defendant neglected this and failed to find the victim E (the 73 years old) who was crossing the road on the right side from the left side of the running direction due to the negligence of driving a speed of about 82 km per hour beyond the speed limit, and received the victim in front of the above cargo of the defendant.

Ultimately, at around 07:05 on the same day, the Defendant killed the victim due to the above occupational negligence from the Gangwon-do Medical Center located in the Gangnam-gu Seoul Special Self-Governing Province due to cerebral cerebral cerebral cerebral cerebralop

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death diagnosis report and a written record of autopsy;

1. Application of Acts and subordinate statutes on site photographs of accident scenes, and photographers;

1. Applicable provisions of Acts to criminal facts and Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of treasury penalties

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending sentence] of the Act on the Suspension of Execution [the grounds for sentencing] of the Act on the Punishment, etc. of Specific Traffic Accidents (Article 62(1)(Article 62(1)(Article 62)(Article 62)(Article 62(1)(Article 62(1))(Article 2)(Article 2(1)(Article 6 of the Act on the Suspension of Execution [Article 62(1)(Article 62(1)(Article 6

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