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(영문) 광주지방법원 2017.10.24 2017고단3755

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 4, 2017, the Defendant was stopped by traffic congestion while driving C-oil Transport Freight Vehicles around 06:20, and making a right-hand stop at the intersection of U.S. located in U.S. in U.S. in the U.S. in the U.S.-dong of Gwangju Mine-gu, through the intersection of U.S., at the direction of U.S. in U.S. in the U.S. in the U.S. of Gwangju Mine-gu.

At this time, the defendant was at a crosswalk, so that he could not stop on the crosswalk for the protection of pedestrians, and the defendant neglected his duty of care to look at the right and right of the front side of the crosswalk to stop the above cargo in order to completely block the crosswalk, and did not discover the victim D (84 years old) who was crossing the crosswalk, and did not find the victim D (84 years old) who was the driver of the cargo to stop on the crosswalk for the protection of pedestrians, while neglecting his duty of care to drive the above cargo by taking into account the right and right of the front side of the road.

As a result, the Defendant suffered from injury to the victim, such as double, scarb, and dub, due to such occupational negligence, and caused the death of the victim by using the low-dic shock cream, among the treatment tools, at the low-dial hospital located in Gwangju Mine-ro 259 around May 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of traffic accidents;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

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.)] - Reduction element: Reduction element [the scope of recommendation] mitigation range from April to one year [the scope of recommendation] mitigation range / 1 year [the general person subject to sentencing] Reduction element: Subscription to comprehensive motor vehicle insurance - Aggravation factor: Other special characteristics fall under the proviso of Article 3(2) of the Act.