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(영문) 광주지방법원 장흥지원 2016.03.24 2015고단233
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On December 7, 2015, the Defendant driven the above van on the 07:06 around 07:06, and led to the passage of the road in front of the church of the Kingdom of Gangnam-gu, Jinjin-gu, Jinjin-gu, Seoul, to the direction of the same-sex distance from the original side of the Cheonglim-gu.

At this point, there is a one-lane road with the center line of yellow solid lines, and on the road in the direction of the operation, the victim C (the victim South and the age of 81) was prone, so in such a case, there was a duty of care to prevent accidents, such as making a person engaged in driving a motor vehicle well look at the front line and the right and the right, and accurately manipulating the steering direction and the system.

Nevertheless, the defendant, even though it is difficult for the defendant to secure the view from the front glass of the above vans, he proceeded with without completely removing it, and due to negligence of neglecting the front city, he got the victim who was walking the road above the floor.

As a result, the Defendant caused the death of a victim who was receiving a follow-up treatment from a medical clinic due to occupational negligence as seen above, by around 07:42 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a death report, a photo of a deceased person, or a postmortem examination report;

1. In a case where the victim was negligent in causing traffic accidents or expanding damage in the area of mitigation (4 months to 10 months) (the scope of recommendation) in (4 months to 10 months) in the area of mitigation of punishment (the victim of a special mitigation) under Article 3(1) of the relevant Act of criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Sentence, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommendation] [the circumstances favorable to a special mitigation]: The defendant led to the crime of this case, and the victim seems to be responsible for a certain portion of the occurrence of the

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