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(영문) 광주지방법원 순천지원 2018.04.04 2017고단2139
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in C Commercial 8.5 tons of cargo vehicles in Korea.

On August 30, 2017, the Defendant driven the above cargo vehicle around 10:10, and stopped on the side side in front of the warehouse for Heungung-gun, Goung-gun, 584, a space-ro, 584, on the right side of the warehouse for Heungung-gun, but moved from the side of Goungung-gun to the right side of the port at a speed of less than 5km per hour.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and has a duty of care not to drive a motor vehicle at a speed or in such a manner as to inflict any danger and obstacle on others according to the road conditions and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and caused injury to the victim's left-hand bridge, etc., which the victim D (V, 79 years of age), who ran the side of the road in front of the said cargo stopped at the warehouse of the Agricultural Cooperatives, was placed on the side of the said cargo, due to the Defendant's neglect of doing so, caused the injury to the victim's left-hand bridge, which was taken over by the victim D (V, the 79 years of age) with the front part of the said cargo as the front part of the said cargo vehicle, with the front part of the said cargo vehicle's front part as the front part of the said cargo vehicle's front part of the said cargo vehicle's front part, and thereby, caused the death of the thal new part during the medical treatment at the Joseon University Hospital located in 365, Dong-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. of Social Service Orders, and other various sentencing conditions, including Defendant’s age, family environment, background of occurrence of traffic accidents, and circumstances after committing a crime, shall be determined as ordered by the disposition.

An unfavorable circumstance: The instant traffic accident.

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