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(영문) 전주지방법원 2020.05.19 2019고단1822
교통사고처리특례법위반(치사)
Text

The punishment of a defendant shall be determined by a credit cooperative for ten months.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in the operation of a wing wing Franchising vehicle B and III.

On September 4, 2019, around 09:30, the Defendant continued to run a 5-10km of Si-dong Da-dong Da-dong, Busan Metropolitan City, Yandong-si, and then, the 5-10km of Si-dong Do-dong Da-dong parking lot.

Since there is a place where pedestrians are located within the apartment complex, there was a duty of care to confirm the safety of the course by checking well the right and the right side of the driver of the motor vehicle, and to accurately manipulate the steering direction and the brake system so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and continued to go back as it is, and had the victim F (77 years of age) located on the rear side of the cargo vehicle above the horse above the sea, and had the victim F (7 years of age) go beyond the floor after the rear part of the above cargo vehicle above the floor, and had the victim who continued to go beyond the floor back to the front side of the above cargo vehicle below the front side of the above cargo vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as two or more alleys.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on traffic accidents, reports on traffic accidents (on-site survey report, site map of the accident), accident site and vehicle photographs, body autopsy reports, and victim photographic Acts and subordinate statutes;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Not more than five years of imprisonment without prison labor, the scope of punishment by law;

2. Scope of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of traffic accident (special-speed person]: Reduction element of punishment: Reduction area of punishment not (the scope of recommendation area and recommendation area] reduction area, reduction area of punishment to four months to one year;

3. Records, such as the circumstances below the sentence of sentence, and the age, occupation, character and conduct, family relationship, and circumstances after the commission of the crime, are shown.

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