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(영문) 광주지방법원 순천지원 2020.05.21 2020고단629
교통사고처리특례법위반(치사)
Text

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

except that 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 B 2 cargo vehicles.

On February 12, 2020, the Defendant driven the above vehicle at around 05:30 on February 12, 2020, and driven the three-lane road in front of D in C at the time of leisure, with the two-lane square from the room of the Steering Police Station to the side of the two-lane square.

At the time, the surrounding area was kn't, the inside was small, and the surface was milched due to raining. In such a case, a person engaged in driving duty has a duty of care to prevent accidents in advance by accurately manipulating the steering direction, brakes, etc. while living well.

Nevertheless, the defendant did not see the front side properly and found the victim E (the age of 71) who crosses the road from the right side of the course to the left side, and received the victim as the front part of the defendant's vehicle.

Ultimately, the Defendant caused the victim to die of cerebrovascular from G Hospital located in the F in the Shyman-si, on February 16, 2020, at around 11:13, the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. 교통사고실황조사서⑴⑵

1. Application of Acts and subordinate statutes of a death certificate;

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 selection of

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] - the death of traffic accident (special person] - the mitigated element: the victim also has a substantial fault due to the occurrence of traffic accident or the expansion of damage (including efforts to recover damage), the victim is not subject to punishment (including the scope of the recommended area and the recommended sentence] / Special mitigation area, 2 months to 1 years (the grounds for suspension of execution) - Major pride reasons: the same as the above mitigated element;

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