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(영문) 광주지방법원 목포지원 2015.12.24 2015고단1330
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 fwing cargo vehicle B.

On September 18, 2015, the Defendant driven the above cargo vehicle on September 16:44, 2015, and got the front of the D farm located in Newannam-gun C from the side of the two mother village to the bathing beach.

Since there was a road to the left side, there was a duty of care to prevent accidents in advance by accurately manipulating 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 and the right and the right and duty of care

Nevertheless, the Defendant neglected this and found the cargo loaded at the right side of the road in the direction of the Defendant’s proceeding, and caused the above cargo to be cut off due to the negligence of an rapid operation to avoid this, and the dry field in opposite parts beyond the central line to the right side.

Ultimately, the Defendant’s negligence in the above occupational negligence divided the victim E(the age of 52)’s head head into the foregoing cargo vehicle into the front roof and dry field, and caused the victim’s death into two parts of the body.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A written result of autopsy;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. Determination of sentence and suspended execution of sentence are recognized as the defendant's negligence, the victim is the spouse of the defendant, the age, character and conduct of the defendant, etc. within the scope of the sentencing criteria, and the sentence shall be determined and executed.

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