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(영문) 광주지방법원 순천지원 2014.11.25 2014고단1460
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cran XG car.

On July 28, 2014, the Defendant driven the said car on July 22:25, 2014, and driven it along the two-lanes from the direction of the opposite opposite intersection to the opposite intersection, the four-lane 65-lane 4-lane 65-lane 300 in front of the luminous apartment.

At the time, night and milching on the road was half of light on the road, and the view was not good, so the defendant engaged in driving of the motor vehicle had a duty of care to check and drive the course safety by well examining the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim D (the age of 46) who was crossing the road due to the negligence of driving the road in a proper way, and operated the hand to the port to avoid this, but did not avoid it, and was led to the victim by the front driver and the front glass part of the said car.

Ultimately, the Defendant caused the death of the victim due to an occupational negligence, such as serious brain injury, etc. in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution (i.e., the fact that the victim's bereaved family members and his/her bereaved family members agree smoothly with the victim, and the fact that the victim's negligence of crossing a four-lane road without permission seems to be considerable at night at night;

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