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(영문) 광주지방법원 순천지원 2014.07.15 2014고단422
교통사고처리특례법위반등
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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving Done Star Cargo Vehicles.

On October 17:25, 2013, the Defendant driven the above vehicle at a speed of 110 kilometers per hour between the 19km along the south Sea Highway, which is located in the Gwangjin-si and Seoyang-si, from the net side to the lower side of the two lanes, the Defendant proceeded at a speed of 110 kilometers per hour.

At that time, it was difficult for a person engaged in driving service to safely drive by reducing speed in advance and accurately manipulating the steering gear, etc.

Nevertheless, the defendant neglected this and got off the brooms to the right side by his negligence, and the brooms installed on the right side were driven by the defendant, and the above brooms were transferred to the front side of the freight.

Ultimately, the Defendant caused the death of the victim E (the age of 42) on the back of the cargo vehicle driven by the Defendant due to the foregoing occupational negligence, which was released on the road.

2. The Defendant, through occupational negligence and at the same time and place as set forth in paragraph (1), transferred the above-mentioned vehicles to the road where people are present, such as the above E and F (21) by occupational negligence as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. The actual condition survey report;

1. Photographs of traffic accident evidence;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 189 (2) and 187 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The main reason for the suspended sentence under Article 62(1) of the Criminal Act is the driving negligence of the defendant for the reason of sentencing.

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