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(영문) 광주지방법원장흥지원 2020.10.15 2020고단44
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 one year and six months 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 2 cargo vehicle.

At around 11:02 on October 19, 2019, the Defendant was starting after completing gas stations in D gas stations located in Jeonnam-gun C.

At the same time, many vehicles and pedestrians pass along for their own oil. In such a case, the driver has a duty of care to see the front bank and accurately manipulate the steering and steering system and to safely proceed with it.

Nevertheless, the defendant neglected this and proceeded without properly examining the right and the right and the right and the right and the right and the victim E (one year old) who was walking on the right and right side from the left side of the running-way of the truck vehicle of the defendant's driver (one year old) was taken as the front part of the above cargo vehicle and went beyond the victim, and then the victim going beyond the floor was charged with the front part of the right side of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence at G Hospital located in the fund of the Jeonnam-gun, Seoul Special Self-Governing Province, where the victim was under medical treatment at around 11:53 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1.(1)The application of Acts and subordinate statutes to traffic accident reports (i) actual condition survey reports, accident site photographs, death diagnosis reports, and internal investigation reports (CCTV closures and video attachment);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant acknowledges and reflects his mistake, the victim's bereaved family members agree with the victim

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