(영문) 광주지방법원 목포지원 2014.03.21 2014고단70

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(영문) 광주지방법원 목포지원 2014.03.21 2014고단70

교통사고처리특례법위반

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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 rocketing car.

Around 18:40 on December 6, 2013, the Defendant driven the said car and proceeded at a speed of about 60 to 70km from the west to the west of the Si/Gun of the Masan-ri, Masan-ri, Masan-ri.

At the time, the road is night and its place is expected to pass by people, so in such a case, there was a duty of care to prevent accidents in advance by reducing the speed and driving on the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant did not discover the victim C (the age of 87) who walked according to the right-hand side of the road as he was negligent in neglecting this, and did not discover the victim C (the age of 87) and received the victim as the front-hand part of the said car, and caused the victim to fall off on the pool forest adjacent to the road.

Ultimately, the Defendant caused the victim to die by occupational negligence at the E Hospital located in Yong-Namnam Cancer D, which had been under the treatment of after-the-job transfer at around 19:14 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. A written result of autopsy;

1. Investigation report (victim F Statements);

1. Application of Acts and subordinate statutes on the scene of traffic accident;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 62 (1) of the same Act (see, e.g., the age, family relationship, etc. of the defendant, along with the fact that the victim and his/her bereaved family members agreed to commit an offense

1. Social service order under Article 62-2 of the Criminal Act;

참조조문

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