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(영문) 광주지방법원 순천지원 2016.10.12 2016고단1560
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 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 a sealed 3 cargo vehicle B.

On June 25, 2016, the Defendant driven the above cargo vehicle at around 18:44, and caused the intersection of the “D” distance in front of the “D” restaurant at the net city C to turn to the right from the friendly apartment.

Since there are many pedestrians' crossings, in such cases, there was a duty of care to reduce speed as a person engaged in driving of a motor vehicle, and to safely drive the motor vehicle by checking well the right and the right and the right of the road.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and went to the left the road in the same direction as the left-hand side of the said cargo vehicle (75 years old) and got the victim E from the above cargo vehicle to the front-hand part of the cargo vehicle.

Ultimately, the Defendant caused the victim, who was sent back to the F Hospital due to the foregoing occupational negligence, to die in low blood transfusion shock at around 19:04 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident actual condition survey report (1) (2), on-site map, on-site evidence photograph;

1. A photograph of a deceased person or a written examination of his/her body;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the decision of types] of general traffic accidents (the death of traffic accidents): Reduction element: Reduction element of punishment [the decision of the recommended area] Reduction element] [the decision of the recommended area] 4-10 months [the decision of the sentenced area] 4-10 months [the decision of the sentenced area] and the decision of the sentenced area] that serious result of the victim's death is disadvantageous to the defendant.

However, there are other favorable circumstances such as the fact that the defendant recognizes and reflects the crime, that the victim and his bereaved family members have agreed smoothly, and that there is no criminal power.

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