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(영문) 광주지방법원 순천지원 2017.06.02 2017고단319

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 horse.

On October 19, 2016, the Defendant operated the above chiller around 12:00, and made the front passage of the half-month village center at the time of leisure water to turn to the left at the entrance of the half-month village center at the entrance of the village center from the half-month village.

Since there was a narrow breadth and a river on the side of the farm, there was a duty of care to reduce the speed to the person engaged in the light driving service and give a good view to the right and the right and the right and the right and the right and the right and the right and the right and the right of operation of the light and the system in advance to prevent accidents.

Nevertheless, the defendant neglected to do so and failed to accurately operate the clurb without reducing the speed, and caused the victim B (the 60-year age) who was on board the Defendant's clurbage to fall down on the river side of the farm road and was on board the Defendant's clurbing.

Ultimately, the Defendant caused the death of the victim from the occupational negligence above to the shock of low blood transfusions caused by the external surgery at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidence and photographs of the traffic accident scene;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant has made an agreement against the victim and his/her bereaved family members smoothly with the victim);