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(영문) 전주지방법원 남원지원 2019.06.04 2019고단33
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On February 1, 2019, the Defendant driven the above cargo vehicle at around 15:27, and led D's front road in the east Chang-gun, Jeonbuk-gun, to run about 71.9 km in the direction of the city in the direction of wastewater from the surface of the river.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to thoroughly control the operation of the motor vehicle and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents by properly manipulating the operation devices and the steering gear

Nevertheless, the defendant neglected to do so and found that the victim E (the 79-year old) was late going to turn to the left at the front door of the defendant due to the negligence of the defendant's failure to stop so, and then was immediately driven, but he did not avoid the victim, and received the right side part of the front wheelchairs of the defendant's vehicle with the front part of the driver's vehicle.

Ultimately, on February 2, 2019, the Defendant caused the death of the victim at the G University Hospital located in the Hasan-si, the next medical treatment of the victim on February 13:10, 2019 due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. On-site survey report and results of requests for analysis of traffic accidents;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing the incident site photographs and booms video CDs;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Reduction elements of traffic accident death (type 2): Reduction elements of traffic accident, etc. (type 2): In cases where victims have gross negligence due to the occurrence of traffic accident or the expansion of damage (the area of recommendation and the scope of recommendation), reduction area, reduction area of imprisonment without prison labor for four months or one year;

3. Determination of sentence: The following circumstances shall be taken into account in a period of eight months and the age of the defendant;

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