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(영문) 광주지방법원 순천지원 2016.06.23 2016고단467
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the vehicle B 3.5 tons T.5 tons.

On January 5, 2016, the Defendant driven the above tower on the 15:50 on January 5, 2016, and driven the front road of D, in order to proceed to the Msan Village from the east side of the Dong to the Masan Village.

Since there are lots of roads in front of the village and the width of the road narrow, the driver was obliged to take care of the operation of the road well, and to operate the steering system accurately and safely.

Nevertheless, the Defendant neglected to do so and followed the victim E (77)'s bridge coming from the same part of his fault, which he left to the right side of the above tower.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at a hospital affiliated with the Joseon University around 21:00 on the same day due to low blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The scene of a traffic accident;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (including that there is no criminal history against the defendant, and that the bereaved family members do not want the punishment of the defendant);

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