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(영문) 광주지방법원 2017.10.19 2017고단3359

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of one year 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 Csch Rexton car.

On July 10, 2017, the Defendant, around 17:30, proceeded with the first lane of the E station near the station in Young-gun D, Nam-gun, facing the south of the Gun, from the area south of the Gun to the area where salt san is located.

Since there was an intersection between the farm road and Manna, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the steering system of the motor vehicle and to prevent the accident in advance by safely operating the steering system of the motor vehicle, brakes, and other devices.

Nevertheless, the defendant neglected to do so and found the victim F (68) of the victim's F (68) coming from the driver's vehicle on the right side of the road in the direction of the progress due to negligence, and had the victim go beyond the road by receiving the left side part of the driver's vehicle for supporting walking on the front part of the vehicle.

In the end, the Defendant caused the victim to die due to the injury of the two traumas at the Young-gu, Young-gu, Young-gu, and the Young-gu, Young-gu, Young-gu, the 73th of the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, and Article 62-2 of the Act on the Punishment, etc. of Traffic Accidents / [Type 2 (Special Sentencing Death, etc.) - The elements of mitigation: The area of mitigation [the scope of recommendation] in the area of mitigation [the scope of recommendation] [the scope of recommendation] from April to one year [the general person of mitigation] - the elements of mitigation: Subscription to the comprehensive motor vehicle insurance [the suspension of execution].