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(영문) 광주지방법원 순천지원 2018.06.14 2018고단332

교통사고처리특례법위반(치사)

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On December 19, 2017, the Defendant driven the above cargo vehicle around 10:20 on December 19, 2017, and proceeded with the national highways in the 71st Donsung-gun, Yandong-dong, Yandong-dong, Yannam-dong, from the Yandong-dong, to the Yandong-dong, and was bypass to the right side, but it became difficult to enter.

At the time, two utility poles, which were protruding about about 2.15 meters away from the loading box, was in the situation where the victim D(77 tax) was driven after the defendant, and the victim D(77) was in the situation where the victim was driven.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely examining the right and the right of the motor vehicle and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to load it and caused the injured party to go beyond the road by shocking the head part of the injured party who driven the above Orala while driving the Oralab.

As a result, the Defendant caused the death of the victim due to the above occupational negligence in the G hospital emergency room located in the Namsung-gun F prior to around 11:10 on the same day due to cerebral transfusion, low blood transfusion shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. The suspended sentence under Article 62(1) of the Criminal Act is a confession of the reason for sentencing, reflectivity, and having no same record, and is covered by a comprehensive insurance, and is agreed upon with the victim's bereaved family members, and all other conditions of sentencing, including the defendant's age, sex, environment, circumstances, circumstances after the crime, etc., shall be determined as the same as the order;