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(영문) 광주지방법원 순천지원 2014.10.17 2014고단1323
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 driving a B-Wood vehicle.

On July 14, 2014, the Defendant driven the above vehicle at around 23:30, and proceeded at about 70 kilometers a speed of 17-lanes in front of the mountain village national highways in front of the monthly movable road at the time of the 17-lanes in front of the mountain village road at the time of the cruise.

At the time, since it was difficult to see the speed at night, the driver of the motor vehicle had a duty of care to safely drive the steering gear by reducing the speed and properly operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected to do so and went ahead of the Defendant’s vehicle by negligence and thereby, received the part behind the left side of the vehicle by the victim C (ma, 69 years old) who was driving ahead of the Defendant’s vehicle, and then received the front right side of the vehicle.

Ultimately, the Defendant caused the death of the victim at the site due to the injury to the serious injury caused by the occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (one report), and (2) reports;

1. The actual survey report on traffic accidents;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendations] of the Act on the Suspension of Execution [the grounds for both types of general traffic accidents [the scope of recommendations] the mitigation area (4 to 10 months), the mitigation area (including special mitigation), the mitigation area (4 to 10 months), the mitigation area (including the advanced efforts to recover from damage], the decision of a sentence [the decision of a sentence] six months without prison labor, and the suspension of the execution of two years, the victim died of the instant traffic accident.

However, the defendant's primary crime without any criminal record reflects the crime of this case, has been covered by the motor vehicle comprehensive insurance, and has agreed with the victim's bereaved family members.

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