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(영문) 광주지방법원 2014.09.25 2014고단2289
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a C-wing cargo vehicle.

On June 14, 2014, the Defendant driven the above cargo vehicle as a job around 10:23 on June 14, 2014, and proceeded at a speed of approximately 60 kilometers per hour according to the SUV car, the number of which is earlier than that of the E located in Gwangju Mine-gu D, from the valley-dong side to the square-dong ordinary elementary school.

At the time, its location is one lane in which the center line of yellow solid lines is installed, so there was a duty of care to thoroughly operate the motor vehicle driving person in the front line and to safely operate the motor vehicle.

Nevertheless, in order to overtake the above SUV motor vehicle, the defendant neglected this, while proceeding immediately in front of the above SUV motor vehicle in front of the above SUV motor vehicle, and discovered late later the GCA 110 MUV motor vehicle driven by the victim F (F, South, and 73 years old) who is going to the left after the center line on the left side of the direction of the defendant's proceeding and took a sudden action, but the above OUV motor vehicle was turned to the front part of the above cargo without stopping.

On June 14, 2014, at around 15:50 on June 14, 2014, the Defendant caused the death of a victim who was receiving treatment at an electric university hospital located in the Dong-gu, Gwangju, by such occupational negligence, due to a low-weight shock caused by an external shock.

Summary of Evidence

1. Defendant's legal statement;

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 grounds for sentencing of imprisonment without prison labor or heavier punishment;

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 defendant's decision of sentence was negligent in breaking the central line, the result of the instant crime is significant, and is not covered by a comprehensive insurance, and the victim's bereaved family members are the defendant.

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