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(영문) 광주지방법원 2014.03.25 2014고단266
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 Cplon cargo vehicles.

On October 20, 2013, the Defendant driven the above cargo vehicle on October 20, 2015:25, and led to the direction of the long-distance distance from the side of the site of marijuana to the front road of the mari-gun, Young-gun, Young-gun.

There are one lane in which the center line of yellow solid lines is installed, and the speed of restriction is 60km per hour, and the defendant's front side is a bicycle driven by the victim D(81). Thus, the driver of the motor vehicle has a duty of care to maintain a safe distance from the bicycle by complying with the speed and speed limit and accurately operating steering devices and brakes.

Nevertheless, the Defendant neglected this and tried to find out the fact that the center line was invaded to pass ahead of the said bicycle at approximately 80.637 km from the speed of her speed, and that the said bicycle was invaded by the center line to enter the Defendant’s front line, and that the said bicycle was immediately driven by the Defendant. However, the Defendant failed to avoid the vehicle and received the parts of the bicycle back to the front part of the said cargo vehicle.

Ultimately, at around October 24, 2013, the Defendant caused the death of the victim at a F Hospital located in Gwangju-dong-gu, Gwangju-gu, with the pressure of cerebral cerebral cerebral cerebral tension.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry of the traffic accident occurrence report and the actual survey report;

1. Each entry into a death diagnosis report and a protocol of autopsy;

1. Application of image Acts and subordinate statutes to traffic accident site photographs;

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

1. The defendant's crime of this case with the reason for sentencing under Article 62 (1) of the Criminal Code (see, e.g., the following circumstances) is not less than the victim's death, but the victim's bereaved family members are the defendant.

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