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(영문) 광주지방법원 장흥지원 2016.10.06 2016고단137

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 freight B and B.

On May 16, 2016, the Defendant driven the above cargo vehicle at around 08:47, and proceeded the front of the D road located in the Jeonnam-gun, Chungcheongnam-gun, with the speed of about 40 km at a speed of about 40 km from the border of peace mountain road to the guard of the oil station in the city.

Since no signal, etc. is installed, it is an intersection where traffic control is not performed, a driver who intends to enter the said intersection on a narrow road, as a driver who intends to drive the said intersection, has a duty of care to prevent an accident by making it possible for him/her to stop temporarily while driving along the said intersection to prevent the accident.

Nevertheless, the Defendant neglected to do so and went forward on the left side of the cargo vehicle of the Defendant, and received the parts adjacent to the right side of the victim E (years 71) from the D to the mountain sloping without the serial number plate of the victim E (years 71).

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the F Hospital located in the Nam-gu Seoul Metropolitan City, where the victim was under medical treatment at around 21:35 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A comprehensive analysis of traffic accidents;

1. A death certificate;

1. Application of the Acts and subordinate statutes in Chapter 1 of CCTV, such as a visual photo or CCTV-cap photograph;

1. Applicable provisions of Acts to criminal facts and Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of treasury penalties

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below) [the scope of recommendation] of the grounds for the sentencing of Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] of the Act on the Suspension of Execution (the scope of recommendations] of the Act on the Punishment of Traffic Accidents in Type 2 (The Death of Traffic Accidents), [the person subject to special mitigation] of the mitigation area (the decision of sentence] of the mitigation area (

However, the defendant is a victim.