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(영문) 광주지방법원 2020.04.09 2020고단228
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 engaging in driving dump truck construction machinery.

On December 7, 2019, the Defendant driven the above vehicle at around 06:20 on December 7, 2019, and proceeded in the direction of the seat of tin in a three-distance distance from the entrance road of the village of the Gesung-gun.

At night, its location is a village-gu road, where people's passage is anticipated, and at a speed of 60 km, so in such a case, the driver has a duty of care to prevent accidents by accurately manipulating the steering direction and operation system and accurately.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded at a speed of about 68 kilometers per hour beyond the speed limit, the Defendant received the victim D (the age of 81) who crosses the road to the right side from the left side of the direction of the Defendant's running dump truck as the front side of the Defendant's driving dump truck. Accordingly, the victim died from the top side of the two backs to the left side at the emergency department of the F Hospital located in Masungnam-gun E around 06:32 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, reports on traffic accidents, investigation reports and replies with speed analysis;

1. Report on internal investigation (Sable image images);

1. Application of Acts and subordinate statutes to a postmortem examination report and a written result of autopsy;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reason for sentencing of Article 62-2 of the Social Service and Criminal Act seems to have been limited to the defendant's view that the time of occurrence of the accident in this case occurred at night, and the victim's bereaved family members and the bereaved family members have reached a smooth agreement, and the victim's bereaved family members do not want the defendant's punishment, and the defendant does not have been punished by a fine or a heavier punishment, and their errors are divided.

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