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(영문) 광주지방법원 장흥지원 2019.06.27 2019고단54
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the 1 ton of the modern cargo vehicle B.

On December 5, 2018, at around 23:10 on December 5, 2018, the Defendant driven the above cargo vehicle and proceeded at approximately 34.3 to 35.3 km away from the end of the same military room to the end of the Man-Fire Fighting Station, which is the Man-gun, Man-do one lane next to the Man-gun Police Station.

At the time, there is a duty of care to safely drive a vehicle for prevention of accidents, such as operating the light well and accurately manipulating the steering direction, brakes, etc. while living well in the way of the operation of the light, the driver has a duty of care.

Nevertheless, due to the negligence of neglecting this, the victim C, who was walking on the same side from the right side of the front bank, was found late to the left side, and received the back portion of the victim's driving cargo from the front right side.

Ultimately, around 00:10 on December 6, 2018, the Defendant caused the death of the victim through occupational negligence in the E Hospital located in Gangnam-gun D, Gangnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to traffic accident reports (1) actual condition survey reports, accident site photographs, and death diagnosis reports;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence: The fact that a serious result of the death of a victim has occurred due to the accident of this case for six months of imprisonment without prison labor or one year of suspended execution, and the defendant's mistake.

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