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(영문) 광주지방법원 순천지원 2017.01.11 2016고단2233
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 the operation of a dump truck.

On September 24, 2016, the Defendant driven the above car at around 16:45, and proceeded two lanes of the container wharf which is located in the egnch-dong, Jeonyangyang-si, Namyang-si, at the speed of about 70km from the surface of the egnyang-si office distance to the intersection of the egbbbbs.

Since there is a cross-section where signal lights are installed, the driver has a duty of care to thoroughly drive the driver in the front direction and safely drive the driver in accordance with the signals.

Nevertheless, the defendant neglected this and caused the victim D (18 years old) driving on the left side of the defendant's driving in accordance with the new code from the defendant's driving direction due to the negligence of driving in violation of the signal, to go ahead of the above dump truck, and caused the victim to face the victim's side of the dump truck in front of the above dump truck.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at G hospitals located in the G in the G in the Mineyang-si F around 17:20 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. On-site map, traffic accident report, and on-site photograph of a traffic accident;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the type of determination] traffic accident in the general traffic accident category 2 [the person causing a traffic accident] mitigation element: The area of mitigation [the decision in the sphere of recommendation] mitigation [the scope of recommendation] [the decision in the sphere of recommendation] mitigation [the decision in the sphere of recommendation] 4 months to 1 year [the decision of sentence].

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