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(영문) 광주지방법원 2016.12.15 2016고단3574

교통사고처리특례법위반(치사)등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On May 14:10 on May 10, 2016, the Defendant driven the said car and proceeded two lanes in front of the driving distance of the Cheongi elementary school located in the Samwon-gun, Samwon-gun, Samwon-gun, Samwon-gun, Samwon-gun, Samnam-do along the three-lanes of the Cheongi-do.

At the same time, there was an intersection where the signal lights are installed, so there was a duty of care to reduce the speed to a person engaged in driving service and to see the signal apparatus and to prevent the accident by driving the signal in accordance with the direction of the signal apparatus.

Nevertheless, the Defendant neglected to proceed as is while driving a red signal, and the victim D (the age of 57) driven by the victim D (the age of 57) under normal signals from the right side of the Defendant’s driving to the left side of the said SM5 vehicle operated by the Defendant, and the victim F (the age of 58) who was driving on the right side of the said SM5 vehicle was driving by the Defendant, and due to its shock, the victim F (the age of 58) who was driving on the right side of the said SM5 vehicle was pushed down to the right side of the running direction of the said SM5 vehicle.

Ultimately, around 12:02 on May 11, 2016, the Defendant: (a) caused the death of the victim H (V, 76 years of age) who was boarding the SM5 car due to such occupational negligence; (b) caused the death of the victim H (V) by brain pressure, etc. from the former North Korean University Hospital Hospital located in Geumjin-gu, Seoul Special Metropolitan City on May 11, 2016; (c) suffered injury to the victim D, such as plebinging a chest for about 6 weeks of treatment; and (d) suffered injury to the victim F, such as cerebrum, for which approximately 2 weeks of treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by D or F;

1. The actual condition of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 268 of the same Act concerning criminal facts, respectively;