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(영문) 광주지방법원 순천지원 2018.10.18 2018고단1591
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a business vehicle B.

On May 16, 2018, the Defendant, at around 11:35, driven a one-lane near the impulse 1651, from the direction of the breadth to the scood distance of the military at the direction of the breadth, followed by the victim C (82) driving on the right side of the road.

However, since the width of the vehicle is about 3.4 meters, the driver of the vehicle following a scooter for medical use has a duty of care to prevent accidents in advance by accurately manipulating the scoo and the left and right and the right and the right of the vehicle and by accurately manipulating the steering scoos and brakes.

Nevertheless, the defendant, while driving a scoo in close vicinity to the center line to overtake the scoo for medical use, neglected to do so, and caused the victim to go beyond the floor by taking the back part of the scooter for medical use of the victim's driving in front of the above scoo vehicle.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence at the Ganpo Korean Hospital located in Simpo-ro 483, Nampo-si, Nampo-si, Nampo-si on May 16, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are primary offenders, confessions, reflects, and comprehensive insurance, and the victim’s bereaved family members and their bereaved family members have agreed to do so, and all kinds of sentencing conditions, including the defendant’s age, sex, environment, circumstances after crimes, and circumstances after crimes, shall be determined as ordered by the order.

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