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(영문) 광주지방법원 2018.03.13 2018고단4

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle with C low-speed.

On November 22, 2017, the Defendant driven the above car at around 09:40 on November 22, 2017, and proceeded at a speed that would not be known by the road without a central line, from the jurisdiction of the neighboring village of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city.

At all times, there is a duty of care to thoroughly examine whether there is a vehicle passing through the intersection by reducing speed or temporarily stopping the speed of the person engaged in the driving of the motor vehicle in such a case.

Nevertheless, the Defendant neglected to do so and instead, did not discover the F concrete mixed trucks operated by the Victim E (47 cm) on the right side of the road from the right side of the Defendant’s running on the right side of the said crossing, and instead, the Defendant left the road with the part front of the port side of the car driven by the Defendant, which led the victim to return it to the road, and let the victim return it to the road, and let the concrete mixed trucks return it to the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above before the end of the trial at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident;

1. Application of Acts and subordinate statutes to dead bodies;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service, Order to provide community service, Order to attend lecture, and Order to attend lecture [the type of traffic accident] Class 2 (Death, etc. resulting from Special Sentencing) - The elements for mitigation are not subject to punishment (the decision of the area of recommendation).