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(영문) 광주지방법원 목포지원 2017.11.17 2017고단990

교통사고처리특례법위반(치사)

Text

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

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 DM5 car.

On February 14, 2017, the Defendant driven the above car at around 07:15, and proceeded two lanes from the two-lanes in the 1st tunnel in the Don-ri-ri, Seoan-dong, Seoan-do, Seoan-do, Seoan-do, Seoan-do, Seoan-do, and the 22.4km along the Coastal Highway, at the speed of about 100km from the shore to the west-do, Seoul at the speed of about 100km.

Since the above road is an expressway with frequent traffic of other vehicles, there was a duty of care for those engaged in driving of motor vehicles to live well on the front side and the right and the right, and to operate safely while accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected to do so and failed to properly see the front section, and was on the front of the Defendant’s person due to his negligence while driving a stroke.

The part on the rear of the F Truck was shocked by Defendant’s driver’s front part of the F Truck.

Ultimately, the Defendant’s occupational negligence caused the death of the victim G (V, 16 years of age) who was a passenger of the said passenger car by the foregoing occupational negligence at the Joseon University Hospital located in Gwangju-gu, Gwangju-gu, about 12:00 on February 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of traffic accident reports, on-site evidence photographs, death diagnosis certificates, CCTV video CD-related Acts and subordinate statutes;

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. Taking into account such factors as the confession and reflection of the reasons for sentencing under Article 62(1) of the Criminal Act, the fact that there is no history of criminal punishment, and the victim’s bereaved family members and their bereaved family members have agreed to do so.