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(영문) 광주지방법원 2019.09.26 2019고단2956
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a franchising freight vehicle B.

On July 9, 2019, at around 09:05, the Defendant driven the above cargo vehicle and proceeded to turn to the left at a speed of about 10km per hour, depending on the unit length, from the sloping road to the c “C”, the tri-type intersection of the 3-type intersection 29, mountain e.g., mountain e., mountain e., mountain e., mountain.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering gear by accurately manipulating the steering gear and operating the steering gear after checking the safety of the direction and the right and the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and got the Defendant to take part of the front part of the bicycle that the victim D (or 79 years old) gets from the opposite direction due to the negligence of the Defendant’s failure, and had the Defendant go beyond the victim.

Ultimately, the Defendant caused the said victim’s death at the Jeonnam University Hospital located in the 42-ro, Dong-gu, Gwangju, by negligence in the above occupational negligence, at around 09:20 on July 9, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Each traffic accident report;

1. A death certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor

1. Reasons for sentencing [the scope of recommendations and recommendations] under Article 62(1)(hereinafter referred to as "the reasons for the suspended sentence] of the Criminal Act - The mitigated area, and the imprisonment without prison labor for April to one year: The general traffic accident report [the type 2] the special person causing the death of a traffic accident - the mitigated element: the imprisonment without prison labor for the reason that the serious result of the death due to a traffic accident due to no punishment (the same as the person committing the act) occurs.

However, only the bereaved family members of the victim are the only victims.

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