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(영문) 광주지방법원 순천지원 2016.08.11 2016고단708
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of 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 Crop vehicles.

On February 16, 2016, the Defendant driven the above car at a speed of about 40 km per hour from the side of the bridge box to the Do mobile distance of about 135 degrees from the side of the bridge box, which is located in the 135-day Manyang-si, by driving the said car at around 18:30 on February 16, 201.

At the time, it was difficult to secure the view by using the beam light with the headlight of the vehicle, which was blick in the opposite part, so the driver was obliged to pay a duty of care to prevent accidents in advance by driving the vehicle while checking whether there is a person to reduce the speed and to bleep the side well.

Nevertheless, the defendant neglected this and caused the victim D (76 years old) who crosses the right from the left side of the defendant's moving direction to the right side, to the above passenger car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by pressure on brain at the Mayang Love Hospital located in the 71 Mayang-si public waters around February 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidence and photographs of the traffic accident scene;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. In full view of the conditions of sentencing under Article 62(1) of the Criminal Act, such as the degree of negligence of the defendant for the reason of sentencing, the bereaved family members under an agreement with the bereaved family members, and the fact that the bereaved family members do not want the punishment of the defendant, and that they have no record of

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