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(영문) 광주지방법원 2018.12.13 2018고단4290
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 Cone Star Co., Ltd.

On October 15, 2018, the Defendant driven the above 05:40 on the 15th day of October, 2018, and led to a four-lane road in the front of the E-lane D in Gwangju Northern-gu to the speed of 30 to 40km each hour from the cultural shooting distance.

At the time, there was a difficulty in surrounding areas at night, so in such cases, there was a duty of care to prevent accidents in advance by reducing speed to persons engaged in driving a motor vehicle, driving a motor vehicle with a duty of care to safely drive the motor vehicle by driving the motor vehicle in a safe manner.

Nevertheless, the Defendant did not find out the victim F (F) who crosses the road from the right side of the passenger car driven by the Defendant due to his negligence while neglecting this, to the left side of the vehicle driven by the Defendant, and did not have the victim F (F, 78 years old) who crosses the road from the right side of the vehicle driven by the Defendant, and had the victim go beyond the ground after receiving the victim's left side by the front part of the fla

Ultimately, around October 15, 2018, around 05:54, the Defendant caused the victim to die due to the above occupational negligence in the H hospital emergency room located in Gwangju North-gu G due to traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence arose, resulting in a traffic accident that caused the defendant to have caused the death of the victim.

However, the instant traffic accident is caused by shocking the injured party who crosses the four-lane road into a crosswalk without a crosswalk, and it is difficult to look at all of the responsibility for death to the defendant in light of the circumstances.

On the other hand, the defendant's driving vehicle is a comprehensive automobile insurance.

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