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(영문) 광주지방법원 2017.05.25 2017고단610

교통사고처리특례법위반(치사)

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

However, the execution of the above punishment 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 the C Freight Driving.

On December 14, 2016, the Defendant driven the above cargo vehicle at around 06:45, while driving the front road in Gwangju Mine-gu D, one lane between the three-lanes, and driving the front road at the south of the IC region in Busan Mine-gu, and making the U.S. internship.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care to protect the vehicle's driver and prevent accidents in advance by checking well the left and right of the front line.

Nevertheless, the Defendant neglected this and shocked the full part of the victim F (45 tax) driving Gol Do car, which is faced with the fault of the internship by neglecting it, with the part that was loaded behind the right side of the Defendant’s driving freight.

Ultimately, the Defendant caused the death of the victim at around 06:52 on the same day by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. In light of the fact that the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend a lecture has caused traffic accidents due to the negligence that the injured party caused by the fluening of yellow real lines, and caused the death of the victim

However, considering favorable circumstances, such as the fact that the defendant reflects the crime, the vehicle driving of the defendant is subscribed to the mutual aid association, the bereaved family members do not want the punishment of the defendant, and the submission of the defendant's prior notice to the application of the defendant's prior notice, the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., all of the arguments of this case are shown in the arguments of this case.