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(영문) 광주지방법원 순천지원 2017.11.09 2017고단1560

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On June 28, 2017, the Defendant driven the above car at around 17:50 on June 28, 2017, and proceeded to turn to the left at the speed of D Kafest from the trile distance near D Kaf, which is located in C, at the speed of D Kaf.

At this point, since there is an intersection where no signal has been installed, there was a duty of care to prevent accidents in advance by reducing speed to a person engaged in driving of a motor vehicle and checking the right and the right and the right of the motor vehicle, and after checking whether other motor vehicles are proceeding, there was a duty of care.

Nevertheless, the Defendant neglected to turn to the left without looking at the surrounding area, found the FSP car of the victim E (M. 57 years old) driving at the speed from the right angle to the scirous speed, which was going to the right angle, late later, and received the above scira in front of the said K5 vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as excessive exposure and respiratory part in the Incheon-gu Hospital, the radio route 95, around June 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. On-site evidence and photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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. The Defendant’s negligence on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution did not appear to have significant traffic accidents, and the victim died.

The punishment shall be determined in consideration of favorable circumstances, such as the defendant has no particular criminal history, and his/her bereaved family members do not want the punishment against the defendant.