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(영문) 광주지방법원 목포지원 2015.02.23 2014고단2030
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 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 a three-dimensional car.

At around 19:40 on October 17, 2014, the Defendant driven the above car and proceeded ahead of the road to the west-do Round of the Unan Agricultural Cooperative, the Dogdong-ri, the Dogdong-gun, the Dog-ri, the Dog-ri, the Dog-ri, the Dog-ri, the Dog-ri.

At this time, there was a duty of care to safely operate the steering staff by accurately manipulating the steering and steering the steering gear and the steering gear in a manner that is anticipated to occur to pedestrians, etc. in such cases.

Nevertheless, the defendant found the victim D (W, 74 years old) who was negligent in driving his vehicle due to occupational negligence while neglecting this, but did not avoid it, and received the victim's body flick part on the right side of the front driver's car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at around 23:07 of the same day, which led to the death of the victim due to cerebral blood, cerebral cerebral cerebralop.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report or photographic (Evidence No. 20 pages of the evidence records);

1. A report on internal investigation (a video investigation into a stud traffic black box) and a photographe image by capturing a black box;

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

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. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. Although there was a serious result of the determination of sentence or the death of the victim as to whether to suspend the execution, the defendant's negligence is recognized and reflected by the defendant, and the bereaved family of the victim.

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