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(영문) 광주지방법원 순천지원 2014.01.08 2013고단2351
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 a B-learning car.

On October 16, 2013, the Defendant driven the above vehicle around 08:30 on October 16, 2013, and proceeded with a three-lane in front of the South Korean academic forest in Mineyang-Eup at Gwangjuyang-do, using a two-lane distance from the boundary of the police station at the Gu police station to a two-lane distance.

At this point, there was no signal signal, and there was a combination of the two different directions, so in such a case, there was a duty of care to check whether a person engaged in driving service has entered another direction while lowering speed and safely proceed with the accident to prevent the accident.

Nevertheless, the Defendant neglected this and got the victim C (the age of 82) entering the right side of the bicycle that is going to the left side of the running direction due to the negligence of the Defendant's failure, and got the bicycle and the victim to go to the road before the left side of the said car, and the victim was sent to the front side of the said car.

Ultimately, the Defendant caused the victim to suffer from severe brain damage due to the above occupational negligence, and caused the death of the victim who was under treatment at D Hospital at around 17:37 of the same month, resulting in the death of the victim due to acute respiratory difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2);

1. Application of Acts and subordinate statutes of a death certificate;

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 selection of

1. Article 62 (1) of the Criminal Act (i.e., the first and second crimes, and the agreement with the bereaved family members of the relevant victim);

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