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(영문) 광주지방법원 2017.10.24 2017고단3768
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 driving of a cargo vehicle C1 ton.

On May 29, 2017, around 09:42 around 09:42, the Defendant proceeded with approximately 30 km from the long distance of north-gu office to the longest distance of North Korea along one lane in front of the E-do in Gwangju Northern-gu.

At the same time, there was a victim F (72 years of age) crossing the road at the front door, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door and the right and the right of the driver.

Nevertheless, the defendant neglected this and found a victim crossing the road at the front direction of the defendant's proceeding by negligence, and brought the victim into front part of the driver's vehicle in the process of rapidly operating the road by taking hand on the left side to avoid this.

Ultimately, the Defendant caused the death of the victim by occupational negligence in Gwangju Northern Hospital located in Gwangju North-gu around 10:21 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes on internal investigation reports (the details of receipt and initial investigation, etc.);

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. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Education / [The type of decision] Class 2 (Special Traffic Accident Death, etc.) of the General Traffic Accidents / The elements of mitigation : [the scope of recommendation] mitigation area / [the scope of recommendation] four months to one year [the scope of recommendation] mitigation area / there is no subscription to the comprehensive motor vehicle insurance and no record of criminal punishment [the main reasons for suspension of execution] - Major reasons for special consideration : Where negative death occurs - The main reasons for suspension of execution are not positive: the amount of punishment and no record of criminal punishment.

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