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(영문) 광주지방법원 2017.01.12 2016고단4653
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving C4.5 tons of extreme wing trucks.

On September 20, 2016, the Defendant driven the above vehicle at around 07:45, and led the intersection of the distance in the calculation of the calculation of the distance in the head of Sungsung-gun, Sungsung-gun, to the long-distance intersection from the boundary of the distribution center to the long-distance intersection.

In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the Defendant neglected to drive a stroke while driving and in violation of the stop signal, caused the victim’s EXN car driving in direct direction from the left side of the Defendant’s moving direction to the right side of the Defendant’s moving direction, and the victim’s EXN car driving in direct direction to the right side of the Defendant’s driving direction was shocked into the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at G hospitals located in the Namsung-gun F in the same day before the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the practical survey report, death certificate, and photographic Acts and subordinate statutes;

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment without prison labor for not less than four months to one year, and the special mitigated area (from April to one year) that reduces the mitigated area of the two types of traffic accidents (the resulting in a traffic accident).

2. Determination of sentence: The negligence of the defendant who has violated the signal on the lane of a credit cooperative year is very large, and the result resulted in a harsh result of the victim's death.

Although the victim's bereaved family members agreed with the victim's bereaved family members, the victim's intention not to punish the victim's bereaved family members can not be evaluated as the non-original intent of the victim's death.

In light of such unfavorable circumstances.

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