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(영문) 광주지방법원 2018.04.19 2018고단605
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 CK7 cars.

On January 5, 2018, the Defendant driven the above car on January 17:5, 2018, and proceeded along a four-lane from the point of view of the construction of the Korean power station, which is located in the 1464-ro, Young-gu, Young-gun, Young-gu, Young-gu, Seoul, with one-lane distance from the south through the intersection.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right of the road, and to prevent the accident in advance by driving safely.

Nevertheless, the defendant neglected this and proceeded on the above crosswalk and got the victim D (the 72 years old) to stand on the left side from the right side of the defendant's front side by using the above crosswalk.

Ultimately, on January 6, 2018, the Defendant’s occupational negligence led to the death of the victim with pressure on brain side by brain side, etc. at a pre-university hospital located in Gwangju-dong-ro 42, Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of the statutes governing traffic accident-related 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 comprehensive motor vehicle insurance was purchased, and further agreed with the representative of the victim bereaved family.

On the other hand, the Defendant had no record of investigation or punishment before committing the instant crime.

In light of the above circumstances, the defendant's age, sex, environment, family relationship, circumstances after the crime, the sentencing guidelines for traffic crimes, etc. are considered.

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