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(영문) 광주지방법원 순천지원 2017.04.28 2016고단2826
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for nine 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 B Poter cargo vehicles.

On November 22, 2016, the Defendant driven the above cargo vehicle around 05:40 on November 22, 2016, and proceeded with the first line of the Dicwon in front of the Dicwon in Boseong-gun C at a low speed, from the sloping Eup to the sloping-si level.

At the time, it is night, and it is front of the village, so the driver of the vehicle has a duty of care to safely operate the steering system by accurately operating the steering system and steering the steering system.

Nevertheless, the Defendant did not discover the victim E (the age of 76) while pushing the Defendant’s car in the same direction as that of the Defendant’s vehicle driving direction by negligence without neglecting the above duty of care, and did not discover the victim E (the age of 76) and shocked the victim by the front part of the above cargo vehicle operated by the Defendant.

around 07:00 on November 22, 2016, the Defendant caused the victim’s death by occupational negligence to “the suspension of cardiopulmonary function due to the long-term injury, etc. to the injured party” at the G Hospital emergency room located in the Namsung-gun F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. An investigation report (to attach screen pictures to a black stuff image images);

1. A death certificate;

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

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. Reasons for sentencing under the main sentence of Article 62-2(1) of the Criminal Act, Article 59(1) of the Act on the Protection, Observation, etc. of Social Service Order [Type Decision] Type 2 (Death, etc. of Traffic Accidents): Reduction element / [Determination of the area of recommendation / [Determination of the area of recommendation / [Scope of recommendation ] Reduction element / [Determination of the area of punishment / [Determination of the punishment ] Reduction range / [Determination of the sentence ] 4 months to 1 year [Determination of the sentence ] / Imprisonment without prison labor for 9 months.

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