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(영문) 광주지방법원 해남지원 2018.02.08 2017고단473
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of a fixed cargo vehicle D.

On September 29, 2017, the Defendant driven the above cargo vehicle around 19:00, while proceeding about 50 km in the direction of volcanic in the direction of the city from the surface of the transmission to the west.

At the time, street lights were not installed on the road at night and at the time, and the front view was not well secured. In such a case, there was a duty of care to ensure safe operation by thoroughly manipulating the front view and accurately operating the steering and steering system for the driver.

Nevertheless, the Defendant failed to discover a light flag driven by the victim E (77) who was driven by negligence while neglecting this, and received the front side of the Defendant’s cargo vehicle in front of the truck.

Ultimately, on September 29, 2017, around 20:13, the Defendant: (a) caused the victim E to die from an emergency room of the South Korean General Hospital in the South Korea in the south-west Sea of 597, and (b) caused the victim F (F, female, 70 years of age) who was on board the Round to die from an emergency room of the South Korean General Hospital in the South-west Sea of 19:52 on September 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each death diagnosis certificate (E, F);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs, fryphograph Empis, and dyphographs F photograph;

1. Application of Acts and subordinate statutes to a criminal investigation report (as to the accident circumstance and accident scene);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1.In the case of ordinary concurrent crimes with the sentencing criteria, the sentencing criteria shall not apply, but shall be specific.

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