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(영문) 광주지방법원 순천지원 2016.08.24 2016고단983

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a small-scale car B.

On March 21, 2016, the Defendant driven the above car at around 12:40 on March 21, 2016, and led to the right bypassing from the edge of the transformation-distance Intersection in front of C at the net time.

At the same time, bicycle roads were installed on the front door, and the road intended to enter the above car is larger than the road on which the car was in operation, so the person engaged in driving service has a duty of care to safely drive the car by checking whether the bicycle, etc. is being driven well by checking the right and the right and the right and the right and the right and the right of the bicycle, etc.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the car driving direction by driving the above bicycle lane from the right side of the car driving direction to the left side, and received the part of the left side of the bicycle driven by the victim E (61 ) to the above intersection.

Ultimately, around March 23, 2016, the Defendant caused the death of the victim due to the above occupational negligence at the shipbuilding University Hospital located in Gwangju Dong-gu, Gwangju, by pressure on brain.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto investigation report;

1. Application of Acts and subordinate statutes of a death certificate;

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the type of decision] The basic field of traffic accident [the decision in the sphere of recommendation] / [the scope of recommendation] / [the decision in the sphere of recommendation] / 8 months to 2 years [the decision in the sphere of recommendation] / Defendant confessions the instant crime, there is no history of punishment more than suspended execution, and there is no disability of class 3 with delay disorder. However, there are favorable circumstances or results of the victim's death due to the instant crime, and it is for the victim.