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(영문) 광주지방법원 목포지원 2020.06.23 2019고단1230
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 of a cargo vehicle B ton and Ⅲ.

On August 17, 2019, the Defendant driven the above cargo vehicle on the 11:13rd day of Aug. 17, 2019, and was driving along the two-lanes between the two-lanes in the direction of Busan in the direction of the south Sea Highway located in the west-gun, west-gun, west-gun, Busan, the previous vehicle driven along the two-lanes in the direction of Busan, and changed the course into the three-lane to avoid this.

In this case, there was a duty of care to safely drive drivers by reducing speed and accurately operating steering the steering and brakes.

Nevertheless, the defendant neglected to operate the steering gear, thereby losing the center of the truck of the defendant's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver'

Ultimately, on August 17, 2019, the Defendant caused the death of the victim due to the damage to the scarcity in the E Hospital located in Changwon-si, Changwon-si, Masan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a site photograph of the accident, a appendix of a photographer, or an expressway image CD;

1. Application of Acts and subordinate statutes of the death diagnosis report (C);

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. Extent 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 two years of suspended execution;

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