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(영문) 광주지방법원 순천지원 2017.06.23 2017고단490
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

Defendant

CPoter II is a person engaged in driving service of cargo vehicles.

On February 10, 2017, the Defendant made a left turn to the left at the private distance of interest country at the Si-dong community service center located in D on February 10, 2017.

In this case, the driver has a duty of care to operate safely by accurately operating the steering direction and operating the steering system in a long distance intersection with frequent traffic of ordinary vehicles and people.

Nevertheless, the defendant neglected to turn to the left as it is and caused the part of the victim F (n, the age of 86) who was crossinged without permission due to negligence, and shocked by the part of the driver's seat in front of the above cargo vehicle.

As a result, the Defendant caused the victim to suffer from the above occupational negligence and caused the victim to die at 13:15 on the same day while he/she was receiving treatment at the He/she’s middle-patient room located in G in the South and North Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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 grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act arise from severe consequences leading to the death of the victim. On the other hand, the occurrence of the accident is against the victim, the defendant has contributed significantly to the fault of the unauthorized crossing of the victim, the fact that the defendant has reached an agreement with his/her bereaved family members, the defendant's age, sex, criminal conduct, family relationship, environment, circumstances of the crime, result, and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be comprehensively considered. The sentence

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