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(영문) 광주지방법원 목포지원 2017.11.28 2017고단1094
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 an international large accelerator

It is a person engaging in driving of cargo vehicles.

On May 11, 2017, the Defendant driven the above cargo vehicle on the 06:03, while proceeding to the farm road located in E in Pyeongtaek-gun, Chungcheongnam-gun, the Defendant reported that the Victim F (74 years old) driven the said cargo vehicle while driving the G otoba, followed by the behind the said cargo vehicle, sounding the oba and moving the oba to the edge of agriculture.

In such cases, a driver of a motor vehicle has a duty of care to accurately operate steering and brakes and to prevent accidents by safely reporting the traffic situation before and after the operation of the motor vehicle and safely.

Nevertheless, the Defendant neglected this, and neglected to load the cargo space in the cargo space of the above cargo vehicle, without properly checking the rear scambling of the above cargo vehicle, followed the victim and the above scamba, and led the victim and the scamba in the front part of the above cargo vehicle, and led the victim and the scamba which exceeded the floor.

Ultimately, on May 11, 2017, the Defendant caused the death of the victim due to a low-blood shock from a pre-university hospital located in 42, Dong-gu, Dong-gu, Gwangju, by occupational negligence, at the pre-university hospital located in 42, Dong-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on internal investigation (the sequence 18,23 of the evidence list);

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes concerning death diagnosis and accident-related photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing guidelines shall be limited to the range of the recommended punishment [the range of the recommended punishment] on the two types of general traffic accidents (the death of traffic accidents) (the period from April to one year) [the person subject to special mitigation] punishment not (including the serious effort to recover damage).

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