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(영문) 광주지방법원 2014.09.25 2014고단2671
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a 1 ton cargo vehicle B.

On June 26, 2014, the Defendant: (a) driven the said cargo vehicle as of June 19:15, while driving the said cargo vehicle, and driving the Dart in front of the Dart in Gwangju Nam-gu, in the direction of a retired park in the West-gu, from the west-distance flood control area; (b) caused the death of the victim E (the age of 82) (the age), who is moving back to a slope of the said cargo vehicle and walking on the road at the rear of the last direction at the time when the said cargo vehicle was turned back, without properly operating the brake devices, by neglecting the brake devices; and (c) caused the death of the victim due to low blood shock caused by the diver sulning in the Gwangju-gu emergency hospital of Gwangju-gu at around 21:08 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

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

1. The area to which recommendations are given for the reduction of the types of general traffic accidents of the two categories (the death or injury caused by traffic accidents of April to October);

2. The decision of sentence is based on the result of the instant crime, but the defendant does not want the punishment of the defendant under the agreement with the bereaved family members of the victim, is covered by a comprehensive insurance, and the defendant reflects the defendant's depth of the crime, the sentence against the defendant shall be determined as ordered within the scope of the above recommendation.

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