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(영문) 광주지방법원 2015.04.16 2015고단214
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 10, 2014, the Defendant is a person who is engaged in driving D freight cars. On November 10, 2014, at around 09:45, the Defendant was driving the said freight cars and driving the two-lanes of the two-lanes of the two-lanes of the two-lanes of the distance of terminal accidents from the side of the cross-sections and changed the two-lanes of the two-lanes.

In this case, the driver of the vehicle has a duty of care to reduce the speed in advance and to make the right and the right and the right of the driver of the vehicle well, while operating the steering and the operation of the steering system accurately.

Nevertheless, the Defendant, by negligence, neglected to do so on the front side, caused the victim E (the age of 76) who crosses the road to the right side from the left side of the course of the collision with the driver's seat in front of the above cargo vehicle, and thereby, led to the head part of the victim who crosses the road to the right side of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the injury of the external wound from the workplace due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police officer on F;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. A written result of autopsy and postmortem examination;

1. Application of the statutes governing traffic accident-related 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. Article 62 (1) of the Criminal Act;

1. The crime of this case committed by the defendant for the reason of sentencing under Article 62-2(1) of the Probation Criminal Act is likely to cause the death of the victim due to the shocking of the victim who was crossing the road without permission while neglecting the prior warning.

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