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(영문) 광주지방법원 순천지원 2019.10.08 2019고단1373
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for 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 the excavated machine B.

Around 18:34 on January 24, 2019, the Defendant driven a above excavated machine and proceeded with 174-4845 local highway from the 000 00 % to the 00 00 % from the 00 00 %.

There are one-lane road where the sidewalk is not installed, and at the same time, the front door door door door door door door door door door, so in such a case, a person engaged in driving service has a duty of care to reduce speed and drive safely by properly examining the front door door door door door door door door door.

Nevertheless, the defendant neglected to do so and he he he he he he he up up up to three parts on the booms of the excavated machine.

The victim C (the 68 years of age) who walked at the right edge of the road due to negligence in the course of duty not properly examining the right edge of the road, did not discover the victim C (the 68 years of age) due to the same room by negligence on the part of duty, and did not discover the excavated part and the right edge part, which received the victim's et al. from the victim's et al., and caused the victim to fall off to

As a result, the Defendant caused serious head damage (finite, hair, and complexity of head bones) to the victim due to the above occupational negligence, and caused the victim to die at the E Hospital located in Bosung-gun D, 19:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) (actual survey report);

1. Each request for appraisal;

1. A death certificate;

1. Application of each statute on photographs;

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 selection of

1. The criminal records of the defendant on the grounds of sentencing under Article 62(1) of the Criminal Act, the background of the occurrence of the instant traffic accident, the degree of the defendant's negligence, the degree of damage to the victim and whether the damage was recovered, the agreement with the victim's bereaved family members, the reflectivity of the defendant, health conditions, and family relations, etc.

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