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(영문) 광주지방법원 순천지원 2016.07.14 2016고단598
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a D-port cargo vehicle.

On November 17, 2015, the Defendant continued to drive the front road E at the border of the Dong-dong No. 333:0 on November 16:15, 2015.

Since the place is on the backway of the house and the passage of pedestrians is frequent, there was a duty of care to safely drive a person who is engaged in driving of a motor vehicle with the duty of care to live well with pedestrians, etc.

Nevertheless, the Defendant neglected this and caused the victim F (the age of 97) who was walking at the rear side of the defendant's proceeding direction due to the negligence of neglecting it.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence in a female sex hospital around 21:50 on December 29, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidence and photographs of the traffic accident scene;

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. The sentencing of Article 62(1) of the Criminal Act provides that the bereaved family members of the victim’s reason for sentencing under Article 62(1) of the suspended sentence are not wanting to be punished by the defendant, there is no criminal history against the defendant, and the sentencing conditions including the defendant’s age, environment, etc.

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