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(영문) 광주지방법원 목포지원 2018.05.18 2018고단221

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 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 a sports cargo vehicle even in C.

On January 23, 2018, the Defendant driven the above vehicle at a speed of about 15 km in speed, according to the speed of 15 km from the end of the day to the intersection of the day, while driving on the above vehicle at a speed of about 11:15 km.

Since there was a long distance intersection that is not supported by traffic control, the driver had a duty of care to safely drive the vehicle by checking whether there is a vehicle that crosses by reducing the speed of the front and the right and the right and the right and the right and the right and the right or temporarily stopping.

Nevertheless, the defendant neglected this and proceeded to the right on the left side of the progress direction of the defendant by negligence.

The part of F's mentor motor motor bicycle driving is composed of the front part of the Defendant's vehicle, and the victim G (the 87 years old) who was on the bicycle riding on the bicycle was above the ground.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the H Hospital around 22:35 the following day, resulting in the death of the victim due to his or her blood transfusion, he or she was dead.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes to the scene of a traffic accident, examination of evidence and death;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) [Article 62(1) of the Criminal Act] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(2) of the Act on the Suspension of Execution] [Article 62(1)(Article 62(1)(Article 62(1)(Article 6 of the Act on the Suspension of Execution] [Article 62(1)(Article 61)(Article 6