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(영문) 광주지방법원 순천지원 2017.12.15 2017고단1740
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a Track.

On May 31, 2017, the Defendant, around 17:15, went forward front of an elementary school, which was closed in the middle school of the Gyeongsung-gun, Chungcheongnam-gun, Chungcheongnam-do, from the direction of the Eup community center to the east-ri, in front of the elementary school.

At the same time, there was a pedestrian going ahead of the same direction at the time of the road going back to and from the village, so in such a case, a person engaged in driving service has a duty of care to operate safely by accurately operating the steering direction and brake system and by properly examining the right and the right of the passage.

Nevertheless, the defendant neglected this and did not discover the victim C (78 tax) who was faced at the front side of the proceeding due to negligence that caused the failure to perform his/her duty at the front side, and caused the above victim to shock the left side of the track, and led the victim to the left side of the track.

After all, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the alleys from his workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of each statute on photographs;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice 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 Observation, etc. of Protection, etc. of Social Service Officials, and other various sentencing conditions, including Defendant’s age, family environment, background of occurrence of accidents, and circumstances after committing the crime, shall be determined as ordered by the disposition.

Unfavorable circumstances: The favorable circumstances such as the occurrence of the result of the death of the victim due to the instant accident: The fact that there is no criminal record exceeding the fine imposed on the defendant; the defendant recognizes and reflects the crime; and the victim's bereaved family does not want the punishment of

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