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(영문) 광주지방법원 순천지원 2017.02.15 2016고단2308

교통사고처리특례법위반(치사)

Text

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

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2016, the Defendant driven the above cargo vehicle around 17:15 on April 12, 2016, while driving a local highway at the entrance of the Neongsung-gun in the parallel of the Pyeong-ri Sea, 845 on April 12, 2016.

There are three-distance crossings without traffic signal, so in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by driving the motor vehicle in a safe manner, such as making a well-round left right and right, and accurately operating the steering wheel and brakes.

Nevertheless, the Defendant neglected this and proceeded to Do road from the entrance side of the village to the Do road by neglecting it, and received the back portion of the victim C(64 ) driving this Do road from the left side of the Do road.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the F Hospital located in Bosung-gun E, Namsung-gun on the same day, around 18:20 of the same day.

Summary of Evidence

The application of the Act and subordinate statutes of the defendant's statutory statement traffic accident occurrence report, actual condition investigation report, on-site inspection of the site photo, and comprehensive analysis of the on-site photo traffic accident, and death diagnosis report and examination photo

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;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order [the scope of recommended punishment] and the grounds for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommended punishment] are two types of traffic accidents (the occurrence of traffic accidents), the mitigation area (4 to 1 year) [the person who is specially mitigated] and the punishment is not imposed [the decision of sentence],

However, it is advantageous to the fact that the defendant reflects the mistake, the victim's bereaved family does not want the punishment of the defendant in consultation with the victim's bereaved family, and the vehicle of the defendant is covered by the motor vehicle comprehensive insurance.