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(영문) 광주지방법원 장흥지원 2016.12.08 2016고단182
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of freight Class D Ⅱ.

On September 13, 2016, the Defendant driven the above cargo vehicle at around 09:25, and proceeded at a speed of 112 km in speed from the west-do village to the Cheongdo-do-si, Cheongdo-do-si, Cheongdo-do-si, Godo-do-si, Godo-do-si.

At this point, a signal apparatus with on-and-off yellow lights was installed, and the speed limit is 60 km a speed, so the driver of the motor vehicle is obliged to proceed with another traffic before entering the intersection, and there was a duty of care to prevent accidents by observing the speed limit.

Nevertheless, the defendant neglected this and did not discover the F.O. of the victim E (the age of 84) driving who entered the intersection from the left side of the defendant's running direction and entered the intersection, and did not enter the intersection more than 52 km speed per hour, and received the back part of the right side of the above O.to the right side of the cargo vehicle of the defendant by the negligence exceeding 52 km per hour.

As a result, the Defendant caused the death of the victim by occupational negligence from Granam-do Medical Center in the Gangnam-gu Seoul Special Metropolitan City, which was receiving a follow-up treatment at around 10:2 on September 13, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Integrated traffic accident analysis and delivery;

1. Application of death diagnosis certificates, dead body photographs-related Acts and subordinate statutes;

1. The relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommending punishment] [the grounds for sentencing of imprisonment without prison labor] [the grounds for sentencing] of the basic area (8 to 2 years] [the decision of sentencing] (the decision of sentencing] that there is no special person] [the decision of sentencing] unfavorable: the defendant driving at a limited speed exceeding 52 km per hour, resulting in the instant accident while causing the instant accident; resulting in the victim's death.

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