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(영문) 광주지방법원 순천지원 2016.12.21 2016고단2096

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving a B-learning car.

On September 21, 2016, the Defendant driven the said car on September 18:45, 2016, while driving the said car, led to the passing ahead of the bus stops at the 73-way Pungyang-gun, Goi-gun, Goungnam-gun, to the Hanwest-gu distance from the new village.

At the time, there was no sufficient view due to night, so in such a case, there was a duty of care to prevent accidents by safely driving a motor vehicle driver, such as a person who is engaged in driving a motor vehicle, a person who is engaged in driving a motor vehicle, and a person who is engaged in driving a motor vehicle, by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and went on to the right side from the left side of the running direction of the said car (79 years old) and received the victim C (79 years old) as the front part of the said car.

Accordingly, at around 20:05 on September 21, 2016, the Defendant caused the death of the victim by the occupational negligence, such as the blood shock, etc. at a high interest general hospital located in the 1935 Goak-ro, Goak-gun, Goak-gun, Goak-gun, Goak-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or A by the police;

1. A report on the occurrence of a traffic accident, on-site map and a report on actual condition investigation;

1. Evidence and photographs of the traffic accident scene;

1. Protocol of postmortem examination and photographs of postmortem examination;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification, etc.);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the decision of types] of general traffic accidents (the death of traffic accidents): Reduction element: Reduction element of punishment [the decision of the recommended area] Reduction element] [the decision of the recommended area] April-1 year [the decision of the sentenced area] [the decision of the sentenced area] 4-1 year [the decision of the sentenced sentence], the victim's death while committing the instant crime is disadvantageous.

However, the defendant recognizes the crime.