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(영문) 광주지방법원 장흥지원 2015.07.02 2015고단42
교통사고처리특례법위반
Text

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

However, 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 of a C Farm Machinery Track.

On February 13, 2015, the Defendant driving a Track Track on the 10:40 on February 13, 2015, which led to the running of the Track Track Track in the speed from the Myeon of Daegu-do Office to the lac village.

At the time, the entire area of the track was in the situation where the difficult mileage was loaded with the front part of the track at the time, and there was a need to view it. In such a case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the defendant neglected to do so and proceeded without looking well at the front, and caused the victim D (the age of 87) who was pushed and walked with the aforementioned Tsch Rexroth walking vehicle as a part of the front place of the Tracter, and got the victim over the floor.

Ultimately, the Defendant caused the death of the victim D due to the above occupational negligence in the medical school’s chronology at the medical school in Seodaemun-gu Seoul, Seoul, where the victim D was under medical treatment at around 17:44 on March 30, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of accident site photographs and Acts and subordinate statutes on history photographs;

1. Applicable provisions of Acts to criminal facts and Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of treasury penalties

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] of the sentence of Article 62(1) of the Criminal Act [the grounds for the suspended sentence] of general traffic accidents (the scope of recommendation] and the area of mitigation (4 to 10 months) (the special mitigation) [the decision of sentence] of mitigation area (the decision of mitigation of traffic accidents] are against the defendant's recognition of the crime of this case, and the victim's bereaved family members and the victim's family members

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