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(영문) 광주지방법원 순천지원 2016.12.21 2016고단1837
교통사고처리특례법위반(치사)
Text

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

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On August 24, 2016, the Defendant driven the above cargo vehicle on August 17:47, 2016, while proceeding about 60km in the speed of Si/Gun, according to one lane from the seat of the Do screen, to the front road of Soksan Village 233, Young-gun, Chungcheongnam-gun, Goung-gun.

There are frequent passage of people in front of the village-gu road, and since there are many passengers getting on the bus going on the opposite lane at the time, there was a duty of care to reduce speed for those engaged in driving service and to safely check whether there is a person who gets on a road by checking the right and the right and the right of the road and to prevent accidents in advance by driving it safely.

Nevertheless, the defendant neglected this and proceeded without finding the victim C (bee 76 years of age) who was moving on the right side from the left side due to the negligence of proceeding at the same speed, and got the victim's body back to the ground.

Ultimately, around August 25, 2016, around 18:07, the Defendant caused the death of the victim by his/her occupational negligence at a high interest general hospital located in 1935, Goung-ro, Goak-gun, Goung-gun, Goung-gun, Goung-ro, Goung-gun, 1935.

Summary of Evidence

Defendant’s legal statement

The application of the traffic accident occurrence report, actual condition investigation report, on-site evidence photograph photographic photographic death certificate, postmortem photograph, and the Acts and subordinate statutes of the postmortem protocol

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

2. Article 62 (1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Extent of Recommendation] General Traffic Accidents in Type 2 (Death by Traffic Accidents) (4-1 year) (Special Mitigation Decision] mitigated area (4-1 year) (Special Mitigation Decision], and the result of the accident is heavy due to the death of the victim.

However, the defendant is against the mistake.

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