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(영문) 광주지방법원 목포지원 2017.04.21 2017고단115
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of freight cars B.

On October 10, 2016, around 06:18, the Defendant proceeded along a three-lane intersection from the direction of the Jindjin-gun Welfare Center for the elderly with Jindjin-do, Namnam-gun, Seoul, along the two-lanes from the direction of the Jind-do.

At this point, the village residents protection section was established as a three-distance intersection, and the speed limit was 70km/h/h, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle at a speed not exceeding the restricted speed, to ensure that there is any motor vehicle or person driving the motor vehicle safely, to cross the road, to look at the right and the right of the motor vehicle, and to properly manipulate the steering gear, brake system, etc. to prevent accidents.

Nevertheless, while the defendant neglected this and proceeded at approximately 94.6-97.9km/h speed, the defendant was found to have the right-hand side of the cargo vehicle in front of the driver's seat of the cargo vehicle due to the negligence that the defendant did not operate the vehicle at the speed of approximately 94.6 to the right-hand side of the defendant's moving direction and found it late, without the driver's license number of the victim C (e.g., the 74 years old) who crosses the road to the right-hand side.

As a result, the Defendant caused the death of the victim due to the above occupational negligence at the same place of around 06:30 on the same day due to the death of the victim due to the second injury.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Acts and subordinate statutes of delivery of traffic accident reports, investigation reports on traffic accidents, photographs related to traffic accidents, death examinations, death reports (C), internal investigation reports (with respect to the route on which accidents and inland accidents proceed), and traffic accident analysis reports;

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act recognize and reflects the crime of this case, there are some of the victims' negligence in the crime of this case, there is no history of punishment for the same crime, and currently support the father of the aged.

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