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(영문) 광주지방법원 2017.11.21 2017고단4408
교통사고처리특례법위반(치사)
Text

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

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 drives B cargo vehicles.

On August 24, 2017, around 10:28, the Defendant proceeded along a two-laned road in front of the Quality Manager of the National Agricultural Products 1430, the Young-gu, Young-gu, Young-gu, Seoul, Seoul, with one-laned road from the intersection of the Young-gu, Young-do to the intersection of the same Eup.

그곳은 편도 2 차로였다가 편도 1 차로 도로와 합류하는 ‘ ㅓ’ 자형 교차로이고, 도로 인근에 주택가와 상가가 위치해 있으므로 이러한 경우 자동차의 운전업무에 종사하는 사람에게는 속도를 줄이고 전방을 잘 살피고 조향 및 제동장치를 제대로 조작하는 등 안전하게 운전하여 사고를 미리 방지하여야 할 업무상 주의의무가 있었다.

Nevertheless, the defendant neglected this and tried to find out the victim C (the 85-year old) who was standing on the right side of the moving direction to the left side of the road and avoid it. However, the defendant did not avoid it and had the victim go beyond the road by receiving the victim from the front part of the driver's seat of the cargo vehicle.

Ultimately, at around 13:45 on the same day by occupational negligence, the Defendant caused the death of the victim at the Joseon University Hospital located in 365, as the pen of Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents;

1. Application of Acts and subordinate statutes of a 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Order to Provide community service, Order to provide community service, Order to attend lecture, and Order to attend lecture [types] - Type 2 (Special Sentencing Death, etc.) of the ordinary traffic accident (Special Sentencing) - The elements for mitigation are the areas where punishment is not mitigated [the scope of the recommended sentence] [the scope of the recommended sentence] 4 months to 1 year [the general person subject to sentencing].

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