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(영문) 광주지방법원 2017.09.21 2017고단3026
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for a period of one year 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 low-priced car.

On March 22, 2017, the Defendant driven the above car at around 08:15, and proceeded to turn to the left at a shot speed from the front side of the Nam-gu Seoul metropolitan road to the front side of the Native apartment.

There are one-lanes without signal, where the central line is not installed, and apartment and commercial buildings are concentrated around the area and where people frequently cross the road, so the driver of the motor vehicle has a duty of care to operate the steering gear and brakes accurately by accurately operating the steering gear and brakes while checking whether there is a person crossing the road by properly examining the left and right of the road.

Nevertheless, when the defendant neglected to pay attention and did not find out the victim F (91) who was crossing the road from the right side of the defendant's running direction to the left side of the defendant's running direction, and had the victim go beyond the road by receiving the victim from the front side of the defendant's car.

Ultimately, the Defendant caused the victim by occupational negligence to die with the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Elimination resulting from multi-afluence in treatment at a pre-university hospital located in Gwangju-dong-gu, Gwangju-ro 42, on May 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service, Order to provide community service, Order to attend lecture, and Order to attend lecture [the type of traffic accident] Class 2 (Death, etc. resulting from Special Sentencing) - The elements for mitigation are not subject to punishment (the decision of the area of recommendation).

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