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(영문) 광주지방법원 해남지원 2014.10.22 2014고단238
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 drives a salary class B and III vehicle.

On July 17, 2014, the Defendant driven the above vehicle at around 09:40 on July 17, 2014, and made it left to the left at the same village intersection from the direction of the Yong-gu Village Center in the Yong-do, Yong-gun, Yongnam-do.

At the same time, the three-distance intersection near the village, and the way that the defendant's way is going to run is a broad road, and the left side of the road can not be confirmed due to the wall, so the driver of the motor vehicle has a duty of care to safely check the front side after temporarily stopping the motor vehicle.

Nevertheless, while the defendant was making a left-hand turn without temporarily suspending, the defendant found the victim C (at 79 years of age) coming from the left-hand side of the defendant's running direction after late detection of the victim C (at 79 years of age). However, the defendant did not stop but did not stop, and the victim was forced to go beyond the road.

On July 17, 2014, the Defendant: (a) caused the death of a victim of occupational negligence by low blood shock shock in the 365 Joseon University Hospital according to the pen of Gwangju-dong, Gwangju-gu. 365 Joseon University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1.2) and a actual survey report;

1. A death certificate (C);

1. Application of evidence on the scene of accident-related Acts and subordinate statutes;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the vehicles operated by the defendant are covered by a comprehensive insurance, and the defendant has agreed to do so separately with the bereaved family members of the victim, the defendant has a depth of and reflects his mistake, and various circumstances, such as the defendant's age, character and conduct, family environment, and circumstances after the crime, etc. recorded in the records of this case) or more.

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