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(영문) 광주지방법원 목포지원 2013.05.30 2013고단502
교통사고처리특례법위반
Text

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

However, 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 drives a C truck.

On January 28, 2013, the Defendant driven the above cargo vehicle around 19:10, while driving three lanes in front of the Geum River Station located in the front of the Geum River Station at the time of Franpo City, from the 3rd square square, and driving about 54 km each speed of the road at a speed of 54 km depending on the road. While the restricted speed is 30 km/h and the crosswalk is installed, the Defendant did not observe the restricted speed and did not follow the due course due to occupational negligence, which does not look well at the right side of the road near the crosswalk, and did not go beyond the victim D (the age 41) who crosses the road near the crosswalk with the right side of the direction of the course, was shocked with the front part of the auxiliary seat, and was used on the floor.

As a result, the Defendant caused the victim to die due to damage to the plescare E Hospital in Mapo-si around 19:32 of the same day.

Summary of Evidence

The application of Acts and subordinate statutes to the defendant's legal statement, actual condition investigation report, traffic accident comprehensive analysis report, black image photographs, death diagnosis report, etc.

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 Imprisonment without labor, Article 268 of the Criminal

2. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the comprehensive motor vehicle insurance is subscribed and the agreement is reached smoothly with the victim, etc.);

3. Article 62-2 of the Criminal Act;

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