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(영문) 광주지방법원 순천지원 2013.11.20 2013고단1586
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 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 August 7, 2013, the Defendant driven the above vehicle on August 16:15, 2013, and turned down the three-lane of the three-lane in front of the Gung-ri Kim Il-ri Kim Il-dong, Gung-gun, Gung-gun, Gung-gun, Gung-gun, from the burning point to the intersection of Gung-ri.

Since the location is a place where traffic is not controlled, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing on the front side by reducing the speed or temporarily stopping the vehicle.

Nevertheless, the Defendant neglected to do so and caused the death of the victim from his place to his place by an occupational negligence, which was left left from the front side of the defendant's gymnasium to the flasium of the victim D(74 years old) driving, which was flasing from the front side of the Kim Il-kymnasium, by taking the left side of the victim D(74 years old) driving from the left side of the flasium of the defendant's cargo vehicle

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report (the presumption of the speed of cargo vehicles by skiing mark);

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] General Traffic Accidents: In light of the reduction area of punishment [decision on the recommendation area] reduction area] reduction area, reduction area of punishment from April to October [limited to imprisonment without prison labor for 10 months to 5 years [decision on the sentence] of imprisonment without prison labor for 10 months], and expulsion of the accident site at the suspension of execution of 2 years, the defendant seems not to have reduced speed at the intersection, and the result of the crime in this case led to a serious result of the death of the victim.

However, the defendant agreed with the victim only smoothly, and the fine has been imposed once.

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