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(영문) 광주지방법원 순천지원 2018.08.23 2018고단1112
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of Clearning Motor Vehicle.

On January 19, 2018, the Defendant driven the above car at a speed of 12:20, the Defendant got to turn to the left at a speed of about 60 km in accordance with three lanes (one lane in the case of a first lane, and two to four lanes) in front of the head-lane in order to keep to the left at the speed of the Si, the speed of about 60 km in accordance with three lanes (two lanes in the straight speed) from the right side of the port at the right side of the city.

The location is a three-lane intersection where signal lights are installed, and two-wheeled automobile driving by the victim D(65 years) in the room after the two-lanes (one-lane) in which the defendant was driving at the time, and two-wheeled automobile driving by the victim D(65 years).

In such cases, the driver of a motor vehicle has a duty of care to prevent a traffic accident in advance by checking the safety of the way before and after the left and by safely making a left-hand turn at the left-hand lane.

Nevertheless, the suspect did not discover the above two-wheeled vehicle of the victim's driver who was under way on the rear side due to negligence in the course of his duty and did not turn to the left at the three-lane (the two-lane), which is the right-hand turn, the two-lanes of the defendant's driver's driver's driving, received the front part of the two-wheeled vehicle of the victim's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driving, and caused the victim to die due to the accident's failure

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A corpse death certificate;

1. On-site photographs of the accident site, closure CCTV images of the Frooms, and closure CCTV images of the Grooms;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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. The reason for sentencing of Article 62(1) of the Criminal Code of the suspended sentence shall be left left at the right-hand turn, not at the right-hand turn.

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