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(영문) 광주지방법원 순천지원 2014.10.01 2014고단1227
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in driving a motor vehicle that is charged with complaint work B4.5 tons.

On May 17, 2014, the Defendant driven the above vehicle at a speed of about 40 km from May 15:17, 2014, and driven the front road of the Songsung-gun, which is located in the Songsung-gun, in the direction of the Sindo, at a speed of about 40 km from the Myeon of the Myeonndo to the Myeonndog of the Sindog.

At this point, the center line of the yellow-ray is one-lane road, and a little bypassing-line, so there was a duty of care to prevent accidents by thoroughly manipulating the front-distance and accurately manipulating the steering system and operating system.

Nevertheless, the Defendant neglected this and found the previous vehicle of the previous vehicle of the vehicle for farming use, which is driven by the victim C (the South and the age of 85) driving ahead of the same direction due to negligence of neglecting it and neglecting it, and was in an urgent way, but due to the failure to do so, received the rear part of the left side of the vehicle loaded on the damaged vehicle as the front part of the Defendant's driving vehicle.

Ultimately, the Defendant caused the death of the victim C by the above occupational negligence at a pre-Namnam University Hospital, which was under medical treatment at around June 1, 2014, due to brain pressure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. On-site photographs;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for the suspended sentence) [the scope of recommendation] of the general traffic accident category II (the death of a traffic accident), the area of mitigation (4 to 10 months), the area of mitigation (including special mitigation), the area of punishment not (including efforts to recover from damage), [the decision of sentence] 6 months without prison labor, and the period of suspended execution 2 years, the victim died due to the instant traffic accident.

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