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(영문) 광주지방법원 2017.05.18 2016고단5508

교통사고처리특례법위반(치사)등

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 motor vehicle at D mother.

around 12:00 on October 16, 2016, the Defendant driven the said car on a two-lane from the two-lanes of the road located in the Mancheon-gun, the Mancheon-gun, the Republic of Korea around 12:0 to Gwangju, while driving the said car on the side of the Man-Eup.

The place was at the straight line of two lanes, at which the speed limit is reduced by 80 km from h to 20 km at normal. In such a case, a person engaged in driving of a motor vehicle has a duty of care to observe the speed limit and to ensure that the person engaged in driving of the motor vehicle well sees the electric, rear, left well well, and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant continued to stop the car on the road due to the negligence of driving the car in approximately 90.7km from 64km/h to 20km/h, which is a tool subject to the restriction at the time, on the road, and continued to turn off the car on the road.

Ultimately, the Defendant caused the death of the victim E ( South, 45 years of age) who was on board a passenger car due to the above occupational negligence due to the blood mouth, liver heat, etc. at around 13:44 on the same day, and at the same time suffered injury to the victim F ( South, 46 years of age) which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. A death certificate;

1. A comprehensive analysis of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the occupation of an occupational and an occupational occupation);

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 Criminal Act, such as the observation of protection and the order to provide community service and attend lectures;