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(영문) 광주지방법원 2017.08.17 2017고단2482
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 a freezing B 2 freezing 2.

On May 4, 2017, the Defendant driven the above cargo vehicle around 05:50, and made the turn to the left at the seat of the Highway plug, depending on one lane among four-lane roads in the direction of the gas station in Gwangju Northern-gu C.

In such a case, the defendant engaged in driving of the motor vehicle has a duty of care to observe the signal and drive the motor vehicle safely.

Nevertheless, the defendant neglected this and caused the damage to the road by failing to comply with the signals such as entering the intersection of yellow mar, leaving the intersection, leaving the right side from the left side of the defendant's proceeding to the front side of the victim E (n, 77 years old) head, which opened the road on the right side, and leaving the damaged person over the road.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence in the emergency room at the Joseon University Hospital Hospital located in 365 as the pen of Gwangju-gu, Gwangju-gu. In May 5, 2017, the Defendant caused the death of the victim due to the cardiopulmonary suspension around 03:28.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

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. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, the Reasons for Sentencing / [The type of traffic accident] Class 2 (Special Sentencing Death, etc.) of the General Traffic Accidents Act - In the event that there is considerable negligence on the occurrence of traffic accidents even for the victim, the victim is not subject to punishment [the scope of recommendation] in the area of special mitigation [the scope of recommendation] from February to one year [the general person subject to punishment] - In the area of special mitigation [the scope of recommendation] - In the area of mitigation - In the case of motor vehicle comprehensive insurance purchase, serious reflectiveness - aggravations: Article 3(2) of the Other

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