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(영문) 광주지방법원 목포지원 2021.03.30 2020고단950
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 of B Poter Cargo Vehicles.

On June 11, 2020, the Defendant driven the above cargo vehicle around 07:15, while driving the vehicle, which is located in the 84-lane of the Eup Park in the southan-gun, the Defendant directed directly toward the C market side on the southan-gun.

Since there is a road that has a large traffic volume of vehicles and does not take place, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the front left right and the left right and the brake system.

Nevertheless, due to negligence that the Defendant neglected the duty of Jeonju and did not accurately operate the brake system, the part of the bicycle left side of the victim E ( South, 78 years old) who entered the intersection from the side of the direction of the defendant's running to the oil station from the direction of the direction of the defendant's running, which entered the intersection from the direction of the direction of the driver's driving, was taken by the bicycle part of the victim's bicycle driving ahead of the chief driver's driving vehicle, and led the damaged person to go beyond the road.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the G hospital located in the Southern Sinpo City F on June 19, 2020 and caused the death of the victim due to the dial trauma.

Summary of Evidence

1. Application of Acts and subordinate statutes governing the scene of accidents, reporting the occurrence of traffic accidents by Defendant’s statutory statement, investigation report on actual condition, (1) and (2) death diagnosis report;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] mitigation element of traffic accident death [special sentencing factors]: The victim is also negligent in causing traffic accident or expanding damage, and the victim is not subject to punishment (the purpose of restoring damage is to restore damage).

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