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(영문) 광주지방법원 목포지원 2018.11.26 2018고단827
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a DNA cargo vehicle.

On June 20, 2018, the Defendant driven the above cargo vehicle around 09:42, and proceeded at a speed of about 65 km/h, depending on the two-lanes between the two-lanes, which is located in the direction of 1693 to the south Yong-gun, the direction of the former Yong-gun.

At the time, there was a cross-section in front of the morning and there was a cross-section. In such a case, a person engaged in driving service has a duty of care to check the safety of the course by checking well the right and the right and the right and the right, and to prevent accidents by accurately manipulating the steering gear and the brakes.

그럼에도 피고인은 이를 게을리 한 채 그대로 진행한 과실로 피고 인의 화물차 전방에 진행하고 있던 피해자 E(84 세) 이 타고 있던 의료용 스쿠터를 뒤늦게 발견하여 피고 인의 화물차 앞 범퍼 부분으로 위 의료용 스쿠터의 뒷부분을 충격하여 피해자가 튕겨 져 나가 바닥에 떨어지게 하였다.

After all, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the suspension of cardiopulmonary injury from his job.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A fact-finding survey report, on-site evidence and photographs, and death certificate;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The defendant's negligence is not easy, and the circumstances that are favorable to the fact that the death resulted from the serious consequence: The defendant reflects the mistake in depth, the accident caused by gross negligence is not an accident, the victim's bereaved family members and the victim's comprehensive motor vehicle insurance has been smoothly agreed, and the same type of criminal records or penalty records exceed the same kind of punishment.

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