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(영문) 광주지방법원 순천지원 2019.02.21 2018고단2790

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 registered master's license (a one-time private license).

On September 17, 2018, the Defendant driven a shooting on September 17, 2018, and led the front of the road B in front of the Goung-gun, Goung-gun to the C Center from the direction of the wing-gun.

Since there is a road bend to left side, the driver of the vehicle has a duty of care to accurately manipulate the steering gear, brake and other devices of the vehicle and to report the situation of traffic on 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 of the vehicle.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear and brakes of the launch, and neglected the victim D (75 years old) who was on board after the launch to the right side of the Defendant’s operation, caused the launch of the Defendant’s operation to fall into the back side of the cement channel located on the right side of the Defendant’s running direction, and caused the collision to fall into the road.

Ultimately, on September 18, 2018, the Defendant caused the death of the victim at the F Hospital located in Gwangju Dong-gu, Gwangju, by the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of each statute on photographs;

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. The sentencing of Article 62(1) of the Criminal Act is based on the following factors: criminal records of the defendant, the background of the occurrence of the instant traffic accident, the degree of negligence of the defendant and the victim, the relationship between the defendant and the victim, the degree of damage to the victim, the degree of the victim, the agreement with the bereaved family of the victim, the reflectivity, age, health conditions, etc. of the defendant, and the various sentencing conditions specified

It is so decided as per Disposition for the above reasons.