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(영문) 광주지방법원 장흥지원 2015.07.16 2014고단228
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the compact cF690G cF690G.

On November 3, 2014, at around 13:15, the Defendant driven the compact, and got the D 835 line prior to the D cafeteria located in Gangnam-gun C, Gangnam-gu, Gangnam-do, to cross the D cafeteria from the farmland adjacent to the D cafeteria to the D cafeteria.

There is no central line, and it is the Do road of one-lane, which is the yellow solid line and the center line packed with concrete.

In such cases, there was a duty of care not to cross the road when the driver of the said compact is likely to accurately see the right and the right and the right, and to obstruct the normal passage of other vehicles and horses.

Nevertheless, the defendant neglected this and failed to discover the F large City 110 Obama driven by the victim E (the aged 47) who passed from the right side of the defendant's running direction to the right side ombae-gun in local roads, so the back part of the front part of the victim's driving on the left side, which is the compact of the defendant, was to shock the front part of the victim's Obama.

Ultimately, around November 6, 2014, at around 21:20 on November 6, 2014, the Defendant: (a) caused the death of an injured party due to brain injury at G Hospital; and (b) at the same time, damaged the above-mentioned land owned by the injured party, the repair cost of which is KRW 520,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident (1 report), a traffic accident report (1) (1) and a criminal investigation report (in relation between the compactane and the place where the soil is in progress);

1. A death diagnosis report, a postmortem examination report, and a written estimate;

1. Application of the evidence and photographs of traffic accidents at barracks D cafeterias, and the Ethic photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing of selective imprisonment without prison labor;

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