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(영문) 광주지방법원 목포지원 2019.07.19 2019고단267
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 B 2 cargo vehicles.

At around 18:50 on January 30, 2019, the Defendant driven the above cargo vehicle at a speed that would not be known while driving the vehicle at a speed that would not be known by driving the vehicle on the surface of the Dop in military documents.

At the same time, there is a duty of care to prevent accidents in advance by looking at the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

Nevertheless, the Defendant neglected this and caused the death of at least 19:40 on the same day due to the shock of the victim D (the age of 67) who was coming from the right side of the running direction of the Defendant due to the negligence of driving the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident, on-site map and on-site survey report;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to investigation reports (referring to the results of national and veterinary appraisal and assessment reports), traffic accident analysis and appraisal reports;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence: Six months of imprisonment without prison labor and one year of suspended execution;

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