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(영문) 광주지방법원 목포지원 2017.05.18 2017고단206

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

The defendant is a person who is engaged in driving a Crane car.

On November 26, 2016, the Defendant driven the above car at around 17:01, and proceeded along a three-lane road in front of the three-lane of the mountain military unit located in the mountainous village located in the area of Sinan-gun, Nam-gun, Naman-gun, Naman-gun, Seoul, in the direction of the direction of the direction of the audience.

There are three-distance crossings without signal apparatus, and the range of 80 km per speed (20 km per hour, 64 km per hour) was 80 km per hour, and at the time, there was a duty of care to prevent accidents on the part of the driver.

그럼에도 피고인은 이를 게을리 한 채 시속 85km 의 속도로 과속한 과실로 피해자 D(56 세) 이 운전하는 E 포터 화물차가 지 산군부대 방향에서 청계 방향으로 좌회전하는 것을 미처 발견하지 못하고 그대로 진행하여 피고인 승용차의 오른쪽 앞 범퍼 부분으로 피해자 화물차의 운전석 쪽 문짝 부분을 충격하였고 이로 인하여 피해자로 하여금 튕겨 나가 도로 바닥에 떨어지게 하였다.

Ultimately, around November 27, 2016, the Defendant caused the victim to die due to the above occupational negligence at the Joseon University Hospital located in the 365 Seoul Special Metropolitan City, Dong-gu, Gwangju Special Metropolitan City on November 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to traffic accident scene photographs, death certificate, and comprehensive traffic accident analysis report;

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 for protection and observation and attending lectures [the scope of recommendation] of the general traffic accident category 2 (Death, etc. in traffic accidents), the area of special mitigation (two months to one year) [the victim] also causes a traffic accident or damage.