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(영문) 광주지방법원 2019.03.07 2019고단74

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for 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 PP car.

On November 15, 2018, the defendant driving the above car on the 18:23th day of November, 2018, and driving the D advanced distance in Gwangju Mine District C using one-lane between the two-lanes in the direction of the intersection between the two-lanes from the gate of the rooftop vehicle base.

At the time, since the night and the signal at present is a blind distance in operation, a person engaged in driving of a motor vehicle has a duty of care to check whether there is another motor vehicle or pedestrian driving by thoroughly conducting the front-way and reducing the speed before entering the intersection and temporarily stopping the intersection, and to prevent the accident to be driven safely.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age of 85) who was crossing the road from the left side of the Defendant's proceeding to the right, and did not discover the victim E (the age of 85) who was crossing the road from the front side of the said car, and received the victim's right side part as the front part of the said car, and caused the victim to die from the F Hospital located in the Gwangju Mine-gu around November 15, 2018 to the low blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report (1);

1. Investigation report (verification of CCTVs);

1. A written result of autopsy;

1. Each on-site evidence photograph;

1. Application of Acts and subordinate statutes to the results of recycling one CD;

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 selection of

1. The instant traffic accident caused by the Defendant to have caused the cause of sentencing under Article 62(1) of the Criminal Act to occur.

However, the instant traffic accident occurred due to the shock of the victim who was driven by the Defendant in accordance with the normal name and location of the road without permission, and it is difficult to look at all of the responsibility of the death to the Defendant in light of the circumstances.