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(영문) 광주지방법원 목포지원 2013.07.09 2013고단743
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 small-type taxi B.

On February 6, 2013, the Defendant driven the above taxi on 07:40 on February 6, 2013, and driven the road of four-lanes in front of the commercial area in the newanantotopo-dong in Sinposi-si, Sinposi-si, one-lane, leading about about 84 km in Sinto-si.

At that time, there is a situation that there is a pedestrian who intends to cross the road at the center of the area around the lane at that time, so the driver of the vehicle has a duty of care to comply with the speed limit and safely drive the vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim C (or 70 years of age) who crosses the road to the right side on the left side of the proceeding lane by negligence, and did not go to the right, but did not go to the right side, and received the victim from the front part of the said taxi.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the E Hospital located in G in Sinpo-si at around 12:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Investigation report (verification of operating recording meters of the vehicle);

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Consideration of imprisonment without prison labor, and consideration of the fact that a defendant has a past record of two years of suspended execution in October due to a violation of the Act on Special Cases

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 200, Apr. 15, 2013>

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