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(영문) 광주지방법원 목포지원 2018.07.13 2018고단119
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 the operation of Trayang TA4040 agricultural machinery.

On September 26, 2017, around 09:52, the Defendant driven the Track on the front side of Youngnam-gun C, and proceeded at a speed of about 20 km/h/h of speed from the front side of the Simam-gun to the front side of the Simam-gun.

A driver of a vehicle has a duty of care to drive safely the passenger while driving the vehicle, and to take necessary measures to prevent the driver from falling off.

Nevertheless, the defendant neglected this and caused the victim to fall down on the road from the connecting wing to the connecting wing by negligent negligence while driving the victim D (the 48 years old) with a fishing vessel on the connecting wing part (the 10cm wide) between the Tracker and the loading box that the defendant drives.

Ultimately, the Defendant caused the death of the victim by the occupational negligence in an emergency department of the E Hospital, where the victim was under the treatment of transmission at around 10:40 of the same day, due to the dystroke and cerebral transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident-related evidence, photographs and 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment] includes the following: (a) the area of special mitigation (two months to one year) [the victim] in the area of special mitigation [the victim] [the victim] is negligent in causing traffic accidents or expanding damage; (b) the victim is not punished (including efforts to recover damage] [the decision of sentence] the defendant has a record of criminal punishment for the same crime; (c) the victim was killed due to the instant accident; (d) the victim was also erroneous in the occurrence of the instant accident; and (e) the defendant

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