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(영문) 광주지방법원 목포지원 2017.04.21 2017고단109

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a sports cargo vehicle of EXE.

On December 21, 2016, around 15:40 on December 21, 2016, the Defendant proceeded ahead of the entrance road at the entrance of an Eup/Myeon from the Mapo-si to the Ropo-Mapo-si, Seoul, one-lane one-lane from the Mapo-si.

At the time, the low-level road was milched, and the victim D (50 years old) was in the front direction of the defendant's proceeding, and the driver of the motor vehicle was in walking along the road. Therefore, the driver of the motor vehicle was obliged to pay a duty of care to prevent the accident by checking the front door and the right and the right and the right of the motor vehicle and operating the motor vehicle safely

Nevertheless, the defendant neglected this and did not discover the victim and proceeded without finding the victim, and the part of the defendant's senior senior panion, which led to the shock of the victim.

Ultimately, the Defendant caused the victim to die from the above occupational negligence, i.e., a multi-sexual trauma (two parts, chests, arms and legs) caused by a traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, a survey report, and a death certificate;

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 suspension of execution (see, e.g., Supreme Court Decisions 201Do1148, Feb. 1, 201; 201Do134, Feb.