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(영문) 광주지방법원 순천지원 2016.11.30 2016고단1569
교통사고처리특례법위반(치사)
Text

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

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

At around 08:30 on July 13, 2016, the Defendant driven the B B Poter 2, and proceeded to turn to the left from the side of the Han Apartment apartment crossing, which is in front of the B Podle-dong, in the Hancheon-si.

Since a crosswalk is installed on the left side of the intersection, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road to reduce speed and to see well the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded to the left as it was, by negligence, brought the victim C (the age of 81) to the right side from the left side of the above cargo driving direction, brought the victim C (the age of 81) to the front side of the above cargo driving direction, and went beyond the floor.

Ultimately, around July 14, 2016, the Defendant caused the victim to die due to the above occupational negligence at the E Hospital located in Net City D around 22:38, 2016.

Summary of Evidence

Defendant’s legal statement

The application of Acts and subordinate statutes to traffic accident occurrence reports, actual condition investigation reports, on-site evidence death diagnosis reports;

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

2. Article 62 (1) of the Criminal Act;

3. The reason for sentencing of Article 62-2 of the Criminal Act on taking lectures and the community service order [the scope of recommendation] general traffic accidents in category 2 (Crime of Motor Vehicle Accident Death, etc.) (Special Mitigation) (Article 4-1) and the area of mitigation (Special Mitigation) (Article 62-1) of the Act on the Punishment and Non-Punishment (Pronouncement Decision] are heavy by the defendant, and the result of the accident is heavy by the victim's death

However, the sentencing conditions shall be determined in consideration of the defendant's age, character and conduct, environment, accident circumstance, etc., which reflects the defendant's mistake, the defendant does not want the punishment by mutual consent with the victim's bereaved family members, the defendant's primary offender is considered as a favorable sentencing factor in favor of

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