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(영문) 전주지방법원 남원지원 2013.06.04 2013고단77
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three 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 B Poter cargo vehicles.

On March 9, 2013, at around 07:23, the Defendant proceeded with a one-lane road in front of a lush restaurant which is located in the Changwon-si, Changwon-si.

In this case, the defendant engaged in driving service has a duty of care to reduce speed and safely drive the tea so that the accident should be prevented in advance.

Nevertheless, the Defendant neglected this and found the victim C(the age of 43) driving that was under way according to the opposite lane due to the negligence of the Defendant's failure in driving the center line, and operated the vehicle rapidly, but did not stop, the front part of the above road was the front part of the Defendant's vehicle.

Ultimately, the Defendant caused the death of the said victim by occupational negligence on March 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) has no particular criminal record, there is no record of punishment due to traffic accidents, the time of and reflects the crime of this case, the vehicle driven by the defendant is covered by a comprehensive insurance, and

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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