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(영문) 광주지방법원 2017.11.09 2017고단3765

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 the duty of driving CK5 business taxi.

On May 28, 2017, the Defendant driven the upper taxi at around 02:23, and proceeded at a speed of about 98km from the beginning of the waterway to the middle of the speed of the flow-distance in the border of Gwangjubuk-gu, along the three-lanes in front of the flow-distance in the border of Gwangju-gu.

At that time, it is a section with a speed of 60 km per hour, and in such cases, the driver has a duty of care to prevent accidents by safely driving and observing the speed in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded with the speed exceeding 38 km per hour, and caused the victim's left side side side side of the victim D (63 ) who has crossed from the right side of the Defendant's proceeding to the left side without permission, to the upper part of the vehicle's right side.

Ultimately, around May 28, 2017, the Defendant caused the death of the victim at a pre-university located in the Dong-gu Gwangju-ro 42, Dong-gu, Gwangju-gu around 02:43 on May 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of traffic accident occurrence status prepared by E;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (referring to a video analysis of an accident vehicle boom, a video analysis of an witness vehicle boom, and a suspect's speech and behavior at the accident scene);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances after the crime are not good, such as the fact that the vehicle of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act, for the reason of the defendant's order to attend the intersection, appears to have already changed to yellow signal before entering the intersection, and the negligence such as violation of speed, etc., was committed, and that the police officer assigned to the scene of the accident showed a non-cooperative attitude in requesting voluntary submission of black b

However, the defendant reflects the crime.