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(영문) 광주지방법원 2018.01.25 2017고단5479

교통사고처리특례법위반(치사)

Text

The sentence against the accused shall be 8,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 11, 2017, the Defendant driven the above car at around 18:10, and proceeded one way in front of the women's senior citizens' center at Young-gun, Young-gu, 1427-4, a white-gu, in common.

At the same time, it is difficult to secure the front view by leaving the surrounding area at the time. In such a case, the driver of the vehicle has a duty of care to look at the front and rear right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident in advance by accurately manipulating the steering system of the vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant, at the left-hand side of the car driving of the Defendant, went to the right-hand side of the victim D (Woo, 78 years old) who opened a road to the right-hand side of the car driving direction for the vehicle driving of the Defendant.

Ultimately, on November 12, 2017, the Defendant caused the death of the victim due to such occupational negligence from the patient care room in the Southern Hospital located in Gwangju-dong-ro 42, Gwangju-gu around November 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A yellow survey report, on-site photograph of a traffic accident, and related photographs;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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 fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable circumstance: The defendant is divided into several parts and reflects his wrongness.