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(영문) 광주지방법원 2014.10.23 2014고단3152
교통사고처리특례법위반
Text

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

except that 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 is engaged in driving of a fwing cargo vehicle B.

On May 7, 2014, the Defendant driven the above cargo vehicle around 07:20, and proceeded at a speed of about 80 kilometers from the surface of the horizontal distance from the north of the territorial sea, through one lane, on the three-lane road in front of the horizontal distance in the Pungyang-gun, the head of the Si/Gun, at a speed of about 80 kilometers from the north of the territorial sea.

Since it is a bend road, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering ray and accurately manipulating the steering gear.

Nevertheless, when the defendant neglected to stop and operated a car at the end of the last day, the defendant was found to be late behind the DMF5 car driven by C which was temporarily stopped in order to avoid collision with bicycles at the end of the last day of the last day, but did not avoid it, and the defendant's vehicle was shocked behind the right side of the above SMF5 car in front of the left side of the freight vehicle of the defendant, and the driver's side side of the bicycle driven by E (75 years old) who was trying to stop in the middle of the center line to walk up the bicycle and walk up the bicycle due to the shock of the above MF5 car in front of the left side of the above SMF5 car, and caused the victim to go over the two-lane opposite to the road.

Accordingly, the Defendant caused the victim's death by occupational negligence as above, in which the victim died from the two sides of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police (D driver);

1. One copy of a traffic accident analysis;

1. Application of Acts and subordinate statutes concerning autopsy (E);

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 selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the area where the mitigation of traffic accidents in Type II (Death resulting from Traffic Accidents, etc.) is mitigated ( April to October).

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