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(영문) 전주지방법원 군산지원 2018.08.08 2018고단568
교통사고처리특례법위반(치사)
Text

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

However, 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 private first-aid vehicle in the DNA Island.

On February 12, 2018, the Defendant driven the above vans around 12:20 on February 12, 2018, and led the 412.6km points in Seocho-gu Seoul Metropolitan Government (Seoul Metropolitan Government) to proceed at the speed of the 5-lanes in the direction of the side.

Since F buses driven by E in the same lane located on the front of the same lane, the Defendant engaged in driving service had a duty of care to operate safely by accurately manipulating the steering direction and brake system while living well.

Nevertheless, the Defendant neglected to do so and proceeded with it and received the back part of the bus as the front part of the Defendant’s driver’s operation.

Ultimately, the Defendant caused the death of the victim G (the 69 years of age) who was on board the Defendant’s van on the part of the Defendant’s operation due to the foregoing occupational negligence by the Defendant at the Seoul Hospital affiliated with Yongsan-gu Seoul University, Yongsan-gu, Seoul Special Metropolitan City, to the 59 degree of 15:08 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of the occurrence of a traffic accident in I and E;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident-related report, a photograph related to a traffic accident, a death certificate, or a blocule image flaps;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death by Traffic Accidents), the mitigation area (4 months to 1 year), [including special mitigation persons] the non-execution of punishment (including efforts to recover damage] unfavorable circumstances: The defendant has long history but has the same criminal history.

That is the death of the victim.

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