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(영문) 광주지방법원 2020.08.11 2020고단913

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B.

On July 24, 2019, the defendant driving the above cargo vehicle around 13:38, and driving the road near the 22nd intersection of the Young-gu, Young-gun National Highway No. 22, Young-gu, Young-gu, Young-gu, Seoul, with the legal surface of the area from the area of Young-gu to the legal surface, and changed the course into a two-lane.

Since there are frequent traffic of vehicles, the defendant, who intends to change the lane, has a duty of care to prevent accidents due to a safe change of the lane by checking the traffic situation of the vehicle in which he/she intends to accurately operate and change the steering direction and brake system and accurately.

Nevertheless, due to the negligence of changing the two-lanes of the above-mentioned road by neglecting this, the Defendant did not discover the DNA oba, which was driven by the victim C (the age of 69) who was driving in the same direction as the Defendant, and instead did not see the DNA babab, which was driven by the Defendant, and went beyond the road on the left-hand hand of the above Obaba, which the Defendant driven by the victim, following the right-hand part

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which led to the death of the victim due to the blood transfusion from the two parts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, F, G, and H;

1. A traffic accident report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to each traffic accident comprehensive analysis document (Evidence Nos. 33,55);

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, the general traffic accident [Type 2], the absence of the person causing a traffic accident [the scope of recommendation field and recommendation range] (the scope of recommendation field and recommendation range], the basic field of traffic accident, August 2, 200 through March 3.