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(영문) 광주지방법원 목포지원 2017.12.22 2017고단1176

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 K5 si.

On September 10, 2017, the Defendant driven the above taxi on September 10, 2015: 05:56, and proceeded one lane in front of the 165 Yongnam-gu 119 Safety Center in Sinpo City with approximately 70km per hour from the 2nd square to the 1st square.

At the time, there was no sea wave, and the surrounding area was set up, and the area was 60km speeded at a speed limit, and there was a village in the vicinity, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in order to prevent accidents in advance by safely driving the motor vehicle when checking whether there is a pedestrian who gets to drive the motor vehicle, by reducing speed and properly examining the right and the right of the road.

Nevertheless, by neglecting this, the Defendant did not discover the victim C who crosses the road without permission from the right-hand side of the Defendant’s proceeding to the left-hand side by neglecting the speed of the restriction over about 10 km per hour, and did not find the victim C who crosss the road without permission from the Defendant’s proceeding direction to the left-hand side, and did not go beyond the ground by receiving the part of the victim’s left-hand side bridge from the right-hand side of

Ultimately, around September 10, 2017, around 06:45, the Defendant caused the victim to die due to the damage to the two frameworks from the emergency room of the E Hospital located in G in Sipoposi.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as traffic fact-finding surveys, field photographs, etc., Blus video CDs, dead bodies, and investigation reports (verification of vehicle operation records);

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 result of the instant crime on the grounds of sentencing under Article 62-2 of the Criminal Act, including the confession and rebuttal of the Defendant, the fact that there is some negligence of the victim, and the agreement with the bereaved family of the victim during the trial.