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(영문) 광주지방법원 2013.11.26 2013고단3605
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the duty of driving Csi.

On July 3, 2013, the Defendant driven the above taxi on July 22:35, 2013, and led the light-ray front road of the 60km speed in the new-dong of the Gwangju Mine-gu to proceed about 84km in the direction of the extreme instructor distance from the direction of the luminous direction.

At the time, it is night and place at a speed of 60 km per hour, and thus, the driver of the motor vehicle has a duty of care to see the right and the right and the right of the driver of the motor vehicle and to prevent the accident by driving the motor vehicle in advance by keeping the regulatory speed well.

Nevertheless, when the defendant drives a bicycle at a speed exceeding about 24 km per hour while neglecting this, the defendant got the bicycle driven by the victim D (year 56) in front of the above taxi and turned the victim into the ground.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the F Hospital located in the Dong-gu Seoul Special Metropolitan City E, which was under the follow-up treatment at around 04:10 on July 7, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes 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. Determination of the sentence like the order shall be made by comprehensively taking into account the following factors: (a) the death of a victim due to a traffic accident committed by the defendant for the reason of suspension of execution under Article 62(1) of the Criminal Act; (b) the victim’s bereaved family members and agreement; (c) the defendant has a history of receiving a fine for the same kind of

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