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(영문) 광주지방법원 순천지원 2017.11.23 2017고단1356
교통사고처리특례법위반(치사)
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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 3th class high water vehicle.

On May 23, 2017, the Defendant was driving the cargo on a non- packing road located in the Sinsan-Eup Sinsan-do at the time of leisure on May 23, 2017.

In this case, the driver has a duty of care to operate safely by accurately manipulating the steering gear and brakes.

Although the defendant neglected this, he was able to load the victim E (the age of 76) (the age of 76) who was walked on the rear side of the cargo of the defendant, due to the negligence of not going through the balk without going through the balk while the defendant neglected it, and caused the collision between the victim's bridge and the breast side.

Accordingly, the Defendant caused the death of the victim by occupational negligence at G hospital located in the Southern Si F in May 23, 2017, around 10:47, the Defendant caused the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The scene of the traffic accident and photographs of evidence;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution did not require the Defendant’s negligence and the victim’s death.

However, the bereaved family members do not want the punishment of the defendant and shall determine the punishment in consideration of favorable circumstances, such as the defendant's absence of criminal records.

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