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(영문) 광주지방법원 순천지원 2018.01.26 2017고단2523

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 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 a B-learning vehicle.

On September 20, 2017, the Defendant continued the front road D in Bosung-gun C around the 19:05, to the intersection of the original salary at the direction of the Sinsung-gun.

However, since there are frequent traffic of people around the village, and it was difficult for people to run driving business at night, there was a duty of care to prevent accidents in advance by accurately manipulating the boom and the left and right of the vehicle and accurately manipulating the steering gear.

Nevertheless, the defendant neglected this and found the victim E (the age of 62) who was crossing the road to the port from the right side of the running direction, and caused the victim to go beyond the victim by taking the front side of the frighting vehicle.

Ultimately, around September 22, 2017, the Defendant caused the death of the victim due to such occupational negligence by pressure on brain at the pre-university hospital located in the Dong-gu Gwangju-ro 42, Dong-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The CD;

1. Application of Acts and subordinate statutes concerning postmortem examinations and 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. The Defendant’s negligence on the grounds of sentencing Article 62-2 of the Criminal Act is very large; on the other hand, the Defendant’s primary crime, reflects the fact that the Defendant agreed to do so with the victim’s bereaved family members; the Defendant’s age, sex, family relation, environment, circumstances and result of the crime; and other circumstances specified in the instant pleadings, including circumstances after the crime, shall be determined as ordered by comprehensively taking into account.