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(영문) 광주지방법원 2013.11.21 2013고단4424
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a Crails car.

On April 17, 2013, around 13:02, the Defendant had a road located at a 100-meter radius from the entrance of a new village located in Geumcheon-ri, Geumcheon-si, Geumcheon-do, from the west of Geumcheon-do.

At the same time, since it is a one-lane road in the straight line section, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle along the lane by accurately manipulating the traffic situation in the front section and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to stop the operation of the steering gear, and operated it to the right side while leaving the vehicle out of the road, and received the roadside trees installed on the right side of the road as the front part of the said vehicle.

At around 14:57 on April 17, 2013, the Defendant caused the death of the victim D (the age of 77) who was accompanied by the said car due to the foregoing occupational negligence, from the F Hospital located in E at Naju-si, to the cardiopulmonary charter, and the Defendant suffered injury, such as shock and sprinkic sprinkic sprinkic sprinkic sprinkic sprinks, which require approximately 24 weeks of treatment to the victim G (the age of 7) who was accompanied by the said car.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate (D), a medical certificate, a medical opinion, and a medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (statement- telephone telephone conversations);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 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 grounds for sentencing under Article 62(1) of the Criminal Act, such as the confession and reflection of the defendant, the first offense and the victim’s bereaved family member D’s consent, and the fact that the defendant was seriously injured due to the instant crime, the age of the defendant and the circumstances leading to the said crime, etc.

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