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(영문) 광주지방법원 순천지원 2017.02.01 2016고단2330

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 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 driving of CPoter II freight vehicles.

On September 28, 2016, the Defendant driven the above vehicle at around 10:57, and led to turn to the left at the direction of the intersection near the Ek Center located in the Ek Center in Goi-gun, Goung-gun to the direction of the academic intersection from the direction of the morality intersection.

Since the place is a three-distance intersection without a signal, there was a duty of care to make a safe turn to the left after checking whether there is a vehicle in the above intersection by temporarily stopping the right at the intersection before making a left turn to the driver of the motor vehicle, and to prevent the accident by safely making a left turn to the left.

Nevertheless, the Defendant failed to verify whether there is a straight-line vehicle without due care, and received the left-hand turn-hand turn-hand turn-hand turn-on portion of the G Poter Ⅱ, which the victim F.(69 years old) driveed from the school direction to two half the mountain direction, as the left-hand part of the freight car of the Defendant.

Ultimately, at around 00:01 on the following day, the Defendant caused the death of the victim at a pre-university hospital located in the Dong-gu Gwangju-ro 42, Gwangju-gu, by the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on the actual condition of a traffic accident, evidence and photographs of the scene of the traffic accident, and copies of the accident scene map;

1. Application of Acts and subordinate statutes concerning death, postmortem records, and postmortem photographs;

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. 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 [the type of crime] When the victim of a traffic accident (special mitigation element] is negligent in causing traffic accidents, the victim is not subject to punishment [general mitigation element], the comprehensive motor vehicle insurance policy, and the victim is not subject to punishment.