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(영문) 광주지방법원 순천지원 2013.04.04 2012고단3215
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a newter freight vehicle B.

On November 20, 2012, the Defendant driven the above vehicle around 07:20 on November 20, 2012, and driven the front road of the U.S. Sori-ri-ri, Bosung-gun at the speed of about 60 km from the upstream of the commercial village to the middle village.

At the time, the Defendant, when he loaded the above cargo, driven the cargo loaded with the cargo, such as a steel folding bridge, etc., he was obliged to cover the cargo or fasten the cargo so that the cargo does not fall off, etc., and had a duty of care to prevent the accident in advance by driving the cargo safely and safely.

Nevertheless, the Defendant’s negligence, without fixing clearly so as not to fall off the bridge in loading, led to the Defendant E (the aged 55) on November 21, 2012, a victim E (the aged 55) who was on board the top of the above Ⅲ trucking vehicle in the front of the driver’s seat of the C Driving D and C Driving, which was going to the upper village from the village opposite to the direction of the Defendant’s proceeding, by cutting off one bridge, which was loaded in loading the above cargo onto the front of the driver’s seat of the said Ⅲ trucking vehicle, thereby damaging the above pent-III trucking and the glass hold of the above Ⅲ trucking Ⅲ, by having the above Ⅲ trucking Ⅲ trucking Ⅲ, lost the center and shocking the street trees on the road, resulting in the death of the cerebrs and cerebrs caused by the two dalkes during the treatment at the Dong-gu Incheon Metropolitan City F Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Application of statutes to a copy of a death certificate;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the bereaved family members of the victim, the fact that a comprehensive motor vehicle insurance is subscribed, and the fact that it

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