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(영문) 광주지방법원 순천지원 2015.09.15 2015고단1199
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 freight vehicle D, C, and C, and is also a person.

On May 2, 2015, the Defendant driven the above cargo vehicle at around 17:30 on May 2, 2015, and continued the front road in front of the F in Bosung-gun E at the Bosung-gun.

Since there is a primary road in front of a commercial building, there was a duty of care to operate the driver in such a case by accurately operating the steering direction and brake system and by properly examining the right and the right of the operation.

Nevertheless, the defendant neglected to do so and found the victim G (the age of 65) who dried a road on the right side from the left side of the cargo vehicle due to the negligence of neglecting it, which led to the failure of the defendant to neglect it, and caused the above cargo vehicle to fall into the front net part of the cargo vehicle.

The Defendant’s negligence on May 13, 2015 caused the death of the victim in the secondary patient room of the Joseon University Hospital No. 30-1 located in Gwangju Metropolitan City, Dong-dong, Gwangju Metropolitan City on May 13, 2015 due to the said occupational negligence by causing the victim to have the pressure of brain death due to cerebralopsis, cerebralopsis, and severe cerebralopsis.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H and I;

1. A death diagnosis report or a body photograph;

1. A traffic accident report, report on a traffic accident, and site photograph;

1. Application of Acts and subordinate statutes on criminal agreements;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] of the General Traffic Accident Type II (Death, etc. caused by Traffic Accidents) (special mitigation) (special mitigation) for the victim is not subject to punishment in a case where there is considerable fault in the occurrence of traffic accidents or the expansion of damage (including serious efforts to recover damage).

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