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(영문) 광주지방법원 해남지원 2016.03.31 2016고단37
과실치사
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

On October 11, 2015, around 19:40 on the 19:40s, the Defendant, along with three victims C (Y, 56 years old), D, etc. in the farmland near the Hanam-gun, Chungcheongnam-gun, and followed the Defendant’s speech that he was able to do so from the injured party who was on the job, and was parked in the front of the math, she walked the above cargo lane in order to turn on the headlight of the E Sex Cargo, the owner of the foregoing D, who was parked in the front of the math.

In such cases, the defendant has a duty of care to safely start the operation after checking whether he/she was seated in the driver's seat, and whether he/she was isolated from the driver's seat.

Nevertheless, the Defendant opened the driver’s seat of the above cargo vehicle and did not confirm the condition of the weather by opening the door, and carried the knife of the above cargo vehicle on the left hand, and opened the knife onto the knife, and removed the knife from the knife, and removed the knife from the knife to the knife, while the above cargo vehicle, in which the knife had the knife knife knife knife knife knife k

Defendant 1 caused by such negligence to the victim’s injury, such as a escape from the right angle, and caused the death of the victim at G hospitals located in G in G in G in G G in G G in G G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and D;

1. A report on a death certificate, a report on the results of field identification, and a report on the results of inspection of a dead person;

1. On-site photographs, photographs of the deceased, and photographs of the scene;

1. Application of Acts and subordinate statutes to a report on internal investigation (on-site mobilization and re-issuance at the scene of accident);

1. Relevant Article 267 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the fact that the result of the accident occurred due to the negligence of the defendant for the reason of sentencing in Article 62-2 of the Criminal Code of the Social Service Order and the defendant's failure to receive a letter from the victim's bereaved family members, the defendant is strict.

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