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(영문) 광주지방법원 목포지원 2015.05.15 2015고단53
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C Freight.

On October 22, 2014, the Defendant driven the above cargo vehicle on October 11:35, 201, and proceeded at a speed of about 50 km from the surface of the current three-distance road near the entrance of an academic village located in the gyeongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the new north bank at a speed of about 50 km in speed.

Since there are three-distance crossings in the front side, there was a duty of care to temporarily stop before entering the intersection and drive safely by checking well the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected the duty of temporary suspension, and due to the negligence of proceeding without neglecting the duty of temporary suspension, which led the victim D ( South and the age of 76) driving on the right side of the road in the direction of the defendant's proceeding, to go beyond the road by taking the victim D (the South and the age of 76) as the front part of the cargo vehicle of the defendant.

The Defendant caused the victim's death due to the above occupational negligence, which caused the victim's death due to cage cages at the site of the accident and the cardiopulmonary suspension due to the death.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A death diagnosis certificate (D);

1. Application of the relevant statutes for sending a traffic accident scene photograph and a comprehensive traffic accident analysis report;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Basic area, between August and June (no person specially punished: No person);

3. Sentence of imprisonment without prison labor is inevitable for a defendant in light of the fact that the negligence of the defendant in the decision of sentence is not less severe, that of the victim's bereaved family members are not agreed with, and that the victim's bereaved family members file a petition for severe punishment, etc.;

However, the defendant recognizes his mistake.

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