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(영문) 광주지방법원 순천지원 2014.01.07 2013고단2250
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of a C Poter cargo vehicle.

On July 31, 2013, around 19:30, the Defendant proceeded at a speed of approximately 130.3-135.3 km in the speed of Si, depending on two lanes in the direction of completeing from the moment at which the roads located at a point of 41.8 km in the Yannam-gun Highway (on the front side of the road) at the end of 19:30,000, 135.3km.

At this point, he/she is shef himself/herself at the site of a tunnel, the entrance of a tunnel, and the snow depth on the exit of a tunnel, which is highly likely to cause traffic accidents, and the restricted speed is 10 km at every hour, so in such cases, a person engaged in driving service has a duty of care to comply with the restricted speed and safely prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding 30 km every hour, and received the back portion of the Einna-car driven by the victim D (the age of 38) prior to the front side of the said cargo vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as brain dead, etc. requiring a medical treatment for about three weeks, injury to the victim F (FF, 37 years of age) who was on board the said cargo, such as dynasium, etc. requiring a medical treatment for about six weeks, injury to the victim G (P, 3 years of age), such as dynasium and tensions, requiring a medical treatment for about two weeks, and injury to the victim H (P, 1 year of age), such as dynasium dynasium, requiring a medical treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A traffic accident report;

1. A comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, and Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The suspended execution is the first offender of Article 62(1) of the Criminal Act and the comprehensive automobile insurance is subscribed to; and

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