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(영문) 광주지방법원 순천지원 2016.03.31 2015고단2261
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 24, 2015, the Defendant operated the above excavation searcher around 09:48, and proceeded with the first line of the D, the front of the D, which is located in Mineyang-si C, from the 3rd distance off the rooftop, to the outside of the gold village.

At the time, the road was installed in length on both sides of the road, a bend and bend, which is late, there is a duty of care to accurately manipulate the steering gear so as not to disturb the side, and prevent the accident by accurately manipulating the steering gear so as to prevent the collision of the side, as a person engaged in driving the vehicle, who is engaged in driving the vehicle on both sides of the road.

Nevertheless, the defendant neglected to neglect this, and proceeded with it, but did not find the victim E who was walked by the right side of the direction, and proceeded with a bend road by getting the side into the right side of the road, and had the victim go beyond the floor with the front right side of the bend of the bend road, and the body of the victim was over the body of the bender.

Ultimately, the Defendant caused the above victim’s death due to the above occupational negligence by pressure on brain side at the F Hospital around 10:20 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on actual condition investigation, and on-site photographs;

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 (including the fact that there is no history of crime heavier than imprisonment without prison labor or heavier punishment, and the fact that bereaved family members do not punish a defendant by mutual consent with the bereaved family members of the victim);

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