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(영문) 광주지방법원 순천지원 2017.03.15 2016고단2588
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a person who is engaged in driving a first car in C New Technology.

On June 25, 2016, around 12:45, the Defendant was waiting to drive and leave the said car through the mlight box of the vessel connected to the road on the ship located on the ship located at the front line of the guard patrol zone at the guard guard.

At the time, the victim E (57) who is the deck on the deck belonging to the above vessel, had a duty of care to accurately manipulate the brake system in accordance with the above new subparagraph and prevent accidents.

Nevertheless, the Defendant neglected this and caused the Defendant to use the speed of the above victim's leaving part of the vehicle which led the Defendant to leave the vehicle on the front side by misunderstanding the speed system as a brake, which led the Defendant to use the speed system.

Ultimately, the Defendant caused the death of the victimized person by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, I, and J;

1. An investigation report (as to the attachment of data on video images of an accident);

1. Vehicles in response to a request for appraisal;

1. Ethothic Ethic photo;

1. Application of Acts and subordinate statutes to dead bodies;

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 main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. [Type Decision] The type 2 (Death, etc. of Traffic Accidents) of the General Traffic Accidents (person who is in charge of special sentencing): Reduction element: Reduction element / [Determination in the sphere of recommendation] Reduction area / [Determination in the sphere of punishment [Scope of recommendation] Reduction area / [Determination in the sphere of recommendation] Reduction area / [Determination in the sphere of punishment] 4 months to 1 year [Determination in the case of sentence]

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