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(영문) 광주지방법원 목포지원 2016.01.15 2015고단1451

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 the driving of 650cc Orala.

On July 10, 2015, the Defendant driven an off-road 23:30 above, and proceeded ahead of the apartment site in front of the port-dong apartment market, which is located in Hopo-si 24, Hopo-si Ma, at the end of the terminal of the passenger line, at the speed of one way between the two-lanes and the two-lanes in which it is impossible to identify.

At the time, the view was narrow at night, where there is no signal signal, and in such cases, there was a duty of care to safely drive a crosswalk by checking whether there is a person who flicks, such as a person engaged in driving of a motor vehicle thoroughly and reducing speed.

Nevertheless, when the defendant neglected to do so and proceeded as it is, the defendant did not find out the victim E (61) with the left side of the crosswalk from the right side of the defendant's running direction, and the defendant was able to get the victim's chest part with the front wheel of the Otoba that the defendant drives.

Ultimately, the Defendant suffered injury to the victim, such as acute respiratory part, due to the foregoing occupational negligence, and caused the death of the patient at the middle-patient room of the Korean Hospital located in 483, Mapoposi, Mapo-ro, 12:20 on July 29, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes to field photographs and accident scene photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (Reasons for sentencing as follows)

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is specially mitigated shall not be subject to punishment);

3. Although the determination of sentence has resulted in a serious result of the victim's death.