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(영문) 광주지방법원 2015.03.25 2014고단4709
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 operation of a C truck.

On October 27, 2014, the Defendant driven the said cargo vehicle as of October 27, 2012:11, and was later advanced to enter the road at the parking lot of the Escir in Gwangju Northern-gu, Gwangju. At that time, many pedestrians are allowed to enter the road, so in such a case, there was a duty of care to prevent accidents in advance by driving the vehicle with due care to ensure the safety of pedestrians who are engaged in driving the vehicle, who check the right and the right and the right of the vehicle, and who pass over the vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim F (the age of 87) who was walking in the vicinity of the Escoper parking lot as it was, and did not discover the victim F (the age of 87) and was loaded behind the right side of the said cargo, and had the said victim go beyond the floor. On the back side of the said cargo, the Defendant continued to go beyond the floor and received a half of the said victim's frame, which was going beyond the bottom of the upper right side of the said cargo, and caused the said victim to die on October 14:47, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and evidence photograph;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Crime of Motor Vehicle Accident Death, etc.) [Special Mitigation] Punishment and Non-Voluntary (including efforts to recover damage), [Article 62(1) of the Criminal Act] [Article 62(1) of the Criminal Act is limited to 8 months imprisonment without prison labor, 2 years suspended sentence, and 2 years of suspended sentence. However, the defendant is affiliated with the Financial Cooperative and agreed with the victim's bereaved family, and the defendant is divided in depth.

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