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(영문) 광주지방법원 장흥지원 2017.01.19 2016고단214
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a car B in the amount of a car.

On October 31, 2016, the Defendant driven the above car at around 18:10, and led to a two-lane road in front of the Southern Heung-gun, Seoul, to a speed of about 60km from the side of Busan to the parallel of the city.

At night, there was a duty of care to prevent accidents in advance by driving a motor vehicle with a speed reduction and a safe driving by safely driving, since it is a place where pedestrians are expected to walk due to bus stops in and around the night.

Nevertheless, the defendant neglected this and did not avoid the victim D (73) who was crossing the right from the left side of the running direction of the defendant due to the negligence that continued to proceed at the same speed, and had the victim go beyond the ground by taking part of the victim's right upper part of the front part of the driver's vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Joseon University Hospital located in 365, as the Dong-gu Seoul Metropolitan City, which was under treatment for transmission after around October 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (verification and investigation of data on video records of video records of strawing vehicles for damage);

1. Protocol of inspection;

1. On-site photographs and photographs of carcasses;

1. Application of the relevant Acts and subordinate statutes of a death certificate; 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; and the selection of imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution (the conditions favorable to the reasons for sentencing as set forth below): A favorable circumstance in which the defendant's mistake led to the result of the victim's death: the defendant's mistake is recognized and the defendant's mistake is against himself/herself, the victim's bereaved family members and the defendant's smooth agreement is reached.

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