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(영문) 광주지방법원 2019.01.17 2018고단4775

교통사고처리특례법위반(치사)

Text

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

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 B car truck truck truck vehicle.

On September 5, 2018, the defendant driving the above cargo vehicle around 15:14, and proceed to turn to the left from the intersection of the Driju station located in Busan Mine-gu C, to the parallel of the Driju station at the smooth river basin from the E-section.

After moving back, it was moving back to the Fside and moving back to the future.

At this point, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a vehicle with frequent traffic, and in such a case, the driver had a duty of care to prevent accidents by driving the vehicle safely.

Nevertheless, the Defendant neglected this and did not properly look at 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 and 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 and 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 and the right and the right and the right and duty

Ultimately, around September 15, 2018, the Defendant caused the victim to die due to the multiple damage at the accident site around September 5, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident report;

1. A written opinion on autopsy, and a written result of autopsy;

1. A report on investigation;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to the results of video reproduction and viewing;

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 selection of

1. An extenuating circumstance is that traffic accidents caused by the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act, which led to the occurrence of the result of the victim’s death. However, the Defendant’s driving vehicle is affiliated with the mutual aid association and additionally agreed with the victim’s bereaved family members, and there are no records of investigation or punishment prior to the instant crime, respectively.