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(영문) 광주지방법원 2018.07.12 2018고단2095

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a math car.

On April 12, 2018, the Defendant driven the said vehicle as a light duty on April 12, 2018, and proceeded about 40-50 km from the 4-lane in the new north-gu, Gwangju to the free stadium, along the two-lanes from the 4-lane in the new north-gu.

There are frequent roads with vehicle traffic, and the victim D ( South, 80 years old) was driving on the front side of the car operated by the defendant.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions and the structure and performance of the motor vehicle, and there was a duty of care to make sure that the traffic conditions on the right and right and right and right are well reported

Nevertheless, the defendant neglected this and caused the injured person to go beyond the road by shocking the part of hand hand on the left side of the bicycle driven by the victim by negligence.

Ultimately, on April 25, 2018, the Defendant caused the death of the victim, who was transferred to the F Hospital located in Gwangju Dong-gu, Gwangju, due to the above occupational negligence, due to the pressure of cerebral pressure caused by the depression under the influence of the external shock.

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. A report on investigation (a statement, etc. of 119 mobilization personnel), a report on investigation (a confirmation of shocking parts of a hazardous vehicle), and a report on investigation (a confirmation of bicycle shocking parts);

1. A death certificate (F hospital);

1. Application of Acts and subordinate statutes to photographs, CCTV images, and victim photographs at each accident site;

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. Article 62 of the Criminal Act: