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(영문) 광주지방법원 장흥지원 2018.01.11 2017고단207
교통사고처리특례법위반(치사)
Text

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

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 of a C Poter cargo vehicle.

On September 15:10, 2017, the Defendant driving the above cargo vehicle on the intersection road located on a 148-gild Doksan-gun, Yongsan-gun, Yongung-gun, and continued to run from the surface of the prize to the front section.

It is an intersection where no signal, etc. is installed, and a person or a vehicle driving on the right side of the direction of the proceeding has not been seen properly due to the fluorites set up at the corner. Therefore, a person engaged in driving service has a duty of care to drive slowly or temporarily stop prior to entering the intersection.

Nevertheless, the Defendant neglected to do so and neglected to do so, and had the victim go beyond the floor by shocking the left part of the previous vehicle for medical use on board the victim D (W, 80 years old) who was going to the right side of the running direction from the gold village where he was in progress as is, to the right side of the running direction by negligence.

Ultimately, the Defendant caused the death of the victim due to pressure on brain at a pre-university hospital located in Gwangju-dong-ro 42, Dong-gu, Gwangju, on the same day due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The factors of sentencing in favor of the defendant: the defendant recognizes his mistake and reflects it, and the bereaved family members of the victim are subject to death and agreement.

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