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(영문) 광주지방법원 장흥지원 2018.09.20 2018고단100
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II freight vehicles.

On March 12, 2018, the Defendant driven the above vehicle on March 12, 2018, while driving the vehicle at around 08:22, the Defendant proceeded along the road of one lane in front of the house south of the route south of the U.S. Manjin-gun along one lane from the Man-do side of Daegu to the Man-do.

In such cases, despite the occupational duty of care to safely proceed for the prevention of traffic accidents, such as accurately operating the steering direction and brakes, the middle part of the right side of the bicycle that the victim D (59) intending to make a right-hand turn from the opposite lane to the south's house in the same direction due to the negligence of neglecting the duty of care, which has to proceed safely for the prevention of traffic accidents, was shocked into the front part of the left side of the Defendant's driver's freight vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence, such as a low-blood shock, etc., from the Gangwon-gu Medical Center in the career 5 of the Jinjin-gu, Namjin-gu, Jinjin-gu, South Korea on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. (1) The application of Acts and subordinate statutes to a traffic accident report (1) the actual survey report, accident photographs, and death diagnosis report;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of sentencing in favor of the defendant: The defendant recognized his mistake and reflects, agreed with the victim's bereaved family members, and the bereaved family members do not want the punishment against the defendant.

In the case of this case, the victim’s death had a serious result.

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