(영문) 광주지방법원 2019.05.14 2019고단862

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(영문) 광주지방법원 2019.05.14 2019고단862

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for 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 B car.

On March 8, 2019, the Defendant driving the said car at around 20:30, and driving the said car, and driving the four-lane road in front of Gwangju Nam-gu, Gwangju, along the one-lane road, toward the side of the mountain tunnel from the two-use distance, led to an internship in order to proceed to the opposite lane.

At that time, there is a place where the center line of yellow-ray is installed, and in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle so that the driver of the vehicle can not obstruct the passage of the vehicle directly engaged in the opposite line.

Nevertheless, the Defendant neglected this and hereded the front part of the driving of the victim E(39 years old) who was straight along one lane from the opposite side of the mountain tunnel for the opposite line by the negligence of the fleeting the median line, and hered the front part of the driving of the victim E(39 years old) in front of the vehicle of the Defendant.

Ultimately, around 13:00 on March 10, 2019, the Defendant: (a) caused the victim’s death by occupational negligence; (b) the patient’s middle-patient room located in Gwangju-gu Gwangju-gu G to cause the death of the victim due to the climatic probane and the clibane-free depression.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident;

1. Each traffic accident report;

1. On-site map;

1. A death diagnosis and a certificate of determination of brain death;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which takes into account the favorable circumstances

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the recommended field and the scope of recommendations] - the mitigated area, and the imprisonment without prison labor for April to one year: Traffic accident (the type 2).

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