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(영문) 광주지방법원 순천지원 2017.05.12 2017고단61
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 CM trucks.

On December 3, 2016, the Defendant: (a) driven the above cargo vehicle around 14:24 on December 3, 2016; and (b) started after stopping at the parking lot for the Gyeong-gu, Gung-gu, Gung-gu, Busan, which is located in 173 at the Dog-gu,

Since there is a parking lot for a resting place where traffic of people and vehicles is frequent, there was a duty of care to safely drive the vehicle and prevent accidents by safely driving the vehicle, such as reducing speed for persons engaged in driving service, and checking whether there is any person who is going through a full-time and right-hand side.

Nevertheless, the Defendant failed to discover the victim D (66) where the front side of the cargo vehicle was left right from the left side by negligence while neglecting this, and proceeded as it is without finding out the victim D (66). The Defendant received the victim's body flicker in front of the above cargo vehicle and got it over the ground, and the Defendant sent it back to the right side.

Ultimately, the Defendant caused the death of the victim due to serious brain damage in the Han-dong, Han-dong University at the time of 15:43 on the same day, where the victim was in 40 on the same day due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture arose from the death of the victim, the punishment as ordered is determined by comprehensively taking into account the following circumstances, including the defendant's age, sex, family relation, environment, circumstances and result of the crime, and circumstances after the crime.

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