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(영문) 광주지방법원 2017.04.20 2017고단199
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 of the CPoter II cargo vehicle.

On October 31, 2016, around 15:25, the Defendant driven the said cargo vehicle from the middle distance to the two intersections of the E Company, which is in front of the E Company D, Namyang-gun, to the middle distance, leading to one-lane of the two-lane.

The place is a place where bicycle driver's attention signs are installed frequently. In such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is operating a bicycle on the road, and to check whether he/she is operating a bicycle on the road, and to accurately manipulate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and caused the damaged person to go beyond the road by changing the bicycle knife from the front line of the cargo vehicle to the first lane by negligence on the part of the victim F (the other, the age of 78) who was driving in the two lanes from the front line of the cargo vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at around 00:05, by pressure on brain by severe cerebral cerebralop.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A fire-proof report ( CCTV images for controlling parking at the scene of an accident);

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

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. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Order and Order to Attend Military Service Order, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection and Observation, etc., reflects his/her mistake, is covered by a comprehensive insurance, the bereaved family does not want the punishment of the defendant,

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