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(영문) 광주지방법원 2020.08.13 2020고단2503

교통사고처리특례법위반(치사)

Text

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

However, 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 engaged in the operation of the B-to-pur vehicle.

On April 14, 2020, the Defendant driven the above car at around 14:25 on April 14, 2020, and entered the passage of the parking lot of Gwangju Dong-gu C Apartment Ddong-gu, and the left-hand turn to the left-hand turn at about 10km per hour at the front of the 1-2 Ddong-dong entrance.

Since there is a person going beyond the parking lot path in front of the defendant's running direction, the defendant engaged in the driving of the motor vehicle shall accurately operate the steering wheel, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the road traffic situation and the structure and performance of the motor vehicle, and there was a duty of care to ensure that the vehicle is operated in advance by safely reporting the traffic situation on the front side and the right side

Nevertheless, the Defendant neglected to do so and did not discover the victim E (ma, 72 years old) that is going beyond the passage of the entrance of the said apartment parking lot due to negligence in the course of the business, which neglected to turn left as is, and did not turn back to the front and rear wheels of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Jeonnam University Hospital on April 16, 2020, while treating the victim at the Jeonnam University Hospital.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing accident video CDs taken to CCTV installed in the C apartment parking lot, a report on the occurrence of a traffic accident by a defendant's statutory statement, and a death report (statement 1, 2).

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Considering that the occurrence of the result of the victim’s death due to the instant accident with the reason for sentencing under Article 62(1) of the Criminal Act, choice of imprisonment without prison labor is inevitable.

(b).