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(영문) 광주지방법원 목포지원 2017.11.28 2017고단1098
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 B-B B-II cargo vehicle.

On June 7, 2017, the Defendant driven the above cargo truck at around 20:18, and driven the front of the “D cafeteria” road located in Young-gun C, Nam-gun, Southern, along the two-lanes from the side of the westland to the seat terminal of Young-gun, the Defendant driven along the two-lanes between the two-lanes.

At the time, the place is a road to stop the straight line, and there was a duty of care to ensure the safety of the course by checking well the right and the right and the right of the commercial building, such as crosswalks and restaurants, and to prevent accidents while accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and caused the victim E (the 83 years old)'s bridge and head that was crossing the right from the left side of the running direction of the cargo vehicle due to negligence, which was attributable to the Defendant's negligence, to shocked by the front panion and front part of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at G hospitals located in Nasi-si F around June 7, 2017 due to the severe prolonged damage, which caused the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A comprehensive analysis report on actual condition, death certificate, and traffic accident;

1. Application of the relevant Acts and subordinate statutes to one motor vehicle accident-related evidence photograph and CCTV CDs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of special mitigation (the period between February and one year) [the person subject to special mitigation] shall also be limited to the victim where there is a considerable fault in the occurrence of traffic accidents or the expansion of damage, and the victim shall not be punished (including the efforts to recover damage);

2. Determination of sentence: 8 months, and 8 months;

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