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(영문) 광주지방법원 해남지원 2017.09.21 2017고단268

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 becomes final and conclusive.

Reasons

Punishment of the crime

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

On June 3, 2017, the Defendant: (a) driven the above cargo vehicle at around 16:53 on June 3, 2017, and then driven the vehicle at the above speed of the Defendant’s vehicle at the time of the accident at the time of the accident, on the road inside the locked 1053 Telecommunication Group located in Mangjin-ri 1053, from the rock protection room to the discharge of the above cargo station; and (b) the Defendant stated the Defendant’s vehicle at a speed of approximately 62km in the indictment with the discharge of the above cargo station from

Since it is insufficient to recognize the facts charged, the investigation report that analyzed the speed of the accident vehicle on the 91st page of the investigation record was about the victim's driver's vehicle.

At the time, there are no lanes, and street width is narrow roads, so there was a duty of care to prevent accidents by accurately manipulating the steering side and the steering gear and accurately.

Nevertheless, the Defendant did not properly look at the front, and had the front part of the E-wing and the front part of the cargo vehicle driven by the victim D (64 ) which was frighted in the opposite direction, which was driven in the opposite direction, as a part of the Defendant’s cargo vehicle.

Due to the above occupational negligence, the Defendant caused the death of the victim due to the long-term damage to the Danalty at the South Korean General Hospital located in the area of 45 South-Namnam-gun in the South-west Sea of the same day before 18:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A death diagnosis certificate (D);

1. A survey report on actual conditions;

1. Application of field evidence photographs, traffic accident victim photographs, each accident scene photographs, and CD-related Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The two types of ordinary traffic accidents (the scope of recommended sentences) shall apply to the sentencing criteria;