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(영문) 광주지방법원 2017.01.12 2016고단4134

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for one year 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 the vehicle that is a closure tower in the CPoter.

On April 26, 2016, the Defendant driven the above vehicle at around 09:30 on April 26, 2016, and applied three-lanes in front of the lender apartment in the Gwangju Mine-gu to left the left at the right turn from the science technology center to the stamping side.

At this point, there was a crosswalk in which signal lights were installed on the front door, and at the middle, there was frequent pedestrian traffic island, and thus, there was a duty of care to accurately operate and safely drive the steering direction and brakes, such as ensuring that a person engaged in driving service has a duty of care to thoroughly operate the front door and to check whether there is a person who crosses the front door and the right and the right while lowering speed.

Nevertheless, the Defendant neglected this and went to the left at the first lane, and entered the right-hand side of the accident, and failed to discover the victim D (89 tax) who crossed the crosswalk without permission from the left-hand pedestrian island to the right-hand side because it was negligent in failing to discover the victim D (89 tax) who crossed the crosswalk without permission from the front-hand pedestrian island to the right-hand side.

Ultimately, on June 3, 2016, the Defendant caused the death of the victim from the above occupational negligence in high-tech general hospitals located in 59, a 170-ro, the top center of the Gwangju Mine-gu, Gwangju, by means of the cryp cryp and the blood ples, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: Two-months of imprisonment without prison labor or one-years (the scope of the recommended punishment) shall be included in the ordinary traffic accidents.