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(영문) 광주지방법원 2018.01.11 2017고단5049

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a three-dimensional motor vehicle.

On September 21, 2017, the Defendant driven the foregoing vehicle on September 21, 2017, and led the road of eight-lanes in the 233-lanes, as the Gu of Gwangju Mine-gu, along with one-lanes in the direction of the regular zone, in the direction of the ordinary zone.

At the time, since the above road is night and the downside length, in such a case, there was a duty of care to safely drive the steering gear and brake system by accurately operating the steering gear and the steering system through thorough operation of the steering room and the steering system.

Nevertheless, the Defendant neglected this and neglected to operate the telephone, and neglected to do so, and neglected to proceed on the front side and the left side of the foregoing vehicle, and caused the victim D (the 46 years old), the victim E (the 38 years old age old), each of which was going beyond the ground, to cross the above road to the right side of the direction of the Defendant’s running.

Defendant D’s occupational negligence caused the death of the victim D due to damage in light of 03:27 on the same day, and the victim E caused the death of the victim due to the cryp fever around 07:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident occurrence report;

1. Field map of a traffic accident;

1. On-site photographs;

1. A survey report on actual conditions;

1. Each death diagnosis certificate and body photograph;

1. Application of Acts and subordinate statutes to investigation reports (for the use of suspect Handphones), and photographs of cell phoness;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act is that two victims die when the defendant was involved in operating a Handphone while driving the vehicle.