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(영문) 광주지방법원 목포지원 2020.06.26 2019고단1133
교통사고처리특례법위반(치사)
Text

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

except that 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 freight B.

On July 13, 2019, the Defendant driven the above cargo vehicle around 16:10, and proceeded at a speed of about 20 km from the direction of the hospital to the F in the direction of the D Association in the Hamp-gun C.

At this point, there is a center line of yellow solid lines, so a person engaged in driving of a motor vehicle has a duty of care to live well in the front line and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by taking over the left part of the victim G (the 45-year-old driving) driving, which was going on the right-hand side of the Defendant's driver's freight, due to the negligence on the left-hand turn at the center line.

Ultimately, at around 11:30 on July 17, 2019, the Defendant caused the death of the victim by occupational negligence in the emergency room of the J Hospital located in Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition, a report on the occurrence of a traffic accident, a photograph of the scene of accident, and a photograph related to each accident;

1. On-the-spot report (related to the attachment of an accident vehicle black image) - A CD.

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

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 the recommended sentence according to the sentencing guidelines [decision of type] of traffic accident [Type 2] The death of traffic accident [special person] - The elements of mitigation: The scope of mitigation [including serious efforts to recover damage] [the area of recommendation and the scope of recommendation] mitigation area, imprisonment without prison labor for up to 4 months [the general person] - the mitigated element: the comprehensive motor vehicle insurance policy [the grounds for suspension of execution] - Major pride: non-permanent grounds for suspension of execution.

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