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(영문) 광주지방법원 2017.05.18 2017고단347
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 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 of fixed cargo C.

On December 15, 2016, the Defendant driven the above cargo vehicle at around 06:35, and proceeded to turn to the left the front of the oil station E in Gwangju Nam-gu from the south side of the Southern-gu.

Since there was an intersection in which a crosswalk is installed, there was a duty of care to prevent accidents in advance by driving a motor vehicle safely after checking whether a person engaged in driving the motor vehicle has a way to see well the right and the right of the way.

Nevertheless, by negligence, the defendant neglected the front-time situation, etc. and found the victim F, who was crossing the above cargo without permission, from the left-hand side of the running direction of the above cargo vehicle to the right-hand side of the crosswalk in order to avoid this, and was immediately operated to avoid this. However, the defendant did not avoid it, but went beyond the ground by receiving the body side of the victim from the front part of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by pressure on cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Bribery at the Joseon University Hospital located in the Dong-gu, Gwangju, which was undergoing around 13:10 on December 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident photograph;

1. A death certificate;

1. E frequency signal maps of gas stations;

1. Application of Acts and subordinate statutes to investigation reports (related to the circumstances of accidents and the existence of the suspect's negligence);

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. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence has caused a traffic accident and resulting in a serious result of the victim's death, the defendant's liability for the crime shall not be mitigated;

However, the defendant reflects the crime, and voluntarily reported 119 after the accident, and the vehicle of the defendant's driver is integrated insurance.

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