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(영문) 광주지방법원 2017.01.12 2016고단4141

교통사고처리특례법위반(치사)

Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2.Provided, That 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 engaging in driving a CAD car.

On March 17, 2016, the Defendant driven the above vehicle at around 22:50 and proceeded at a speed of about 67.5-71.4 km at a speed of about 67.5 km in the city, depending on the first three-lane road from the ccarc distance slope to the modern apartment room.

At the time, there was a night, and there was a place where pedestrians could be allowed to cross without permission, and there was a place where the view is limited to a sloping road, so in such a case, the driver engaged in driving service has a duty of care to safely drive, such as reducing speed and accurately operating the steering gear, brakes, etc., while checking whether there was a person who saves the road by properly examining the right and the right and the right and the right.

그럼에도 피고인은 이를 게을리 한 채 그대로 진행한 과실로 피고인 진행방향 우측에서 좌측으로 도로를 횡단하던 피해자 F(50 세) 을 피고인 차량 앞 범퍼 부분으로 들이받아 공중에 떴다가 바닥에 넘어지게 하였다.

Ultimately, on March 27, 2016, the Defendant caused the death of the victim due to the above occupational negligence in the Joseon University Hospital located in 365 as the pen of Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the actual survey report, death diagnosis report, comprehensive traffic accident analysis report, and on-site photograph Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines: Persons who are subject to special mitigation in the mitigation area of traffic accidents in the range of two types of general traffic accidents from April to one year of imprisonment without prison labor: Persons who are not subject to punishment (the person who causes a traffic accident).