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(영문) 광주지방법원 목포지원 2019.09.06 2019고단358
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 the business of driving X-ray cargo with 10 tons X-ray.

On March 14, 2019, the Defendant driven the above cargo vehicle on March 14, 2019, and proceeded along two-lanes from the west to the Cheongnan-gun, Seoul, along the three-lane road in front of the D, in order to enter the Cheongan-gun.

At that time, there was a place where a bus or a large-scale cargo vehicle with at least 3 tons is prohibited from a U.S., so in such a case, there was a duty of care to safely drive the vehicle by checking whether a person engaged in driving is a vehicle driving in the field where a U.S. can be a U.S. and the surrounding area.

Nevertheless, the Defendant neglected this and received the front part of the F Poter Cargo in front of the F Poter Cargo that was driven by the injured Party E (the age of 62) who was driven by the negligent negligence of the U.S. as the front part on the right side of the Defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence at G Hospital around 20:15 on the same day due to multiple prolonged damage.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, and an on-site photograph of the traffic accident;

1. Application of Acts and subordinate statutes to photographs of the dead body, autopsy reports, investigation reports, investigation reports (verification of signboards of the dead body);

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 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. Sentence;

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