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(영문) 광주지방법원 목포지원 2017.02.24 2016고단1698
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 is engaged in the driving of a cargo vehicle B.

On October 19, 2016, the Defendant driven the above cargo at the intersection of a type terminal in front of the end of the city, which is located in the east-gun, Young-gun, Youngnam-gun, and led to the driving of the cargo in the direction of both the end of the city and the direction of us.

At the same time, the said intersection is the intersection prior to the intersection, and at the same time, the victim C(74) driving CA110V is already entering the intersection, and thus, the driver of the motor vehicle had a duty of care to look well before and after the driver of the motor vehicle, and to safely drive the motor vehicle to prevent the accident by driving the motor vehicle on the way to other motor vehicles already entering the intersection and driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and caused the damage to the right-hand side by negligence, which caused the damage to the left-hand side of the cargo vehicle.

around 16:54 on October 20, 2016, the Defendant: (a) caused the death of the victim due to the foregoing occupational negligence in the pre-university hospital located in the Dong-gu Gwangju-ro 42, Gwangju-gu, by means of low-blood shock by blood transfusion in the mouth mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on internal accidents (the verification of CCTV in cases of accidents);

1. Application of Acts and subordinate statutes to the scene of a traffic accident, a photograph of evidence, and 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of mitigation (the period from April to one year) (including the special mitigation person] that is not subject to punishment (including the serious efforts to recover damage);

2. Determination of sentence: Ten months of imprisonment without prison labor, and two years of suspended execution, the defendant has a record of being punished for the same crime, and the victim dies due to the crime of this case.

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