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(영문) 전주지방법원 남원지원 2013.10.15 2013고단186
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 car.

On July 20, 2013, the Defendant driving the above vehicle around 15:05, and driving the two-lane road in front of the “Mahahai” Ga, Chang Chang-gu, Chungcheongnam-gu, Seoul, the right-hand side of the city (IC) in the right-hand side of the city in the right-hand side of the city in the right-hand side of the city in the right-hand side of the city.

In the same direction as at the time, the previous vehicle was followed by No. 1 SM-2(SM5) car, and thus, the defendant engaged in driving service had a duty of care to safely drive the previous vehicle and prevent the accident in advance by maintaining the safety distance with the front vehicle, considering the movement of the previous vehicle and the traffic situation on the front side and right side.

Nevertheless, the Defendant neglected to do so and proceeded without delay, and discovered the electric wheelchairs of the victim C (the age of 85) driving prior to the Defendant’s failure, and received the left rear part of the electric wheelchairs with the front front part of the Defendant’s driving vehicle. The Defendant received the front rear part of the electric wheelchairs with the front part of the driver’s vehicle.

Ultimately, around August 3, 2013, around 15:36, the Defendant caused the victim’s death by occupational negligence, from the D Care Center, the death of the victim due to the pulmonary blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An actual survey report and a report on the occurrence of a traffic accident;

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

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment: One to five years of imprisonment without prison labor for a month;

2. The scope of sentence recommended on the sentencing guidelines [criminal types] traffic crimes, general traffic accidents, and general traffic accidents.

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