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(영문) 광주지방법원 2017.04.27 2017고단71
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 drives two cargo vehicles of E as his/her duties.

around 20:00 on November 27, 2016, the Defendant driven the foregoing cargo vehicle from the front distance of the Seoul Seo-gu F building, Gwangju, to turn to the left from the side of the Women's Development Center.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a motor vehicle traveling along the intersection by reducing speed and checking well the side of the road, and to safely drive the motor vehicle in accordance with traffic signals.

Nevertheless, the defendant neglected this and operated the victim G(24 ) who was left left from the right angle to the Women's Development Center due to the negligence of violating the signal even though the signal was yellow signal.

HCA110V Oba received the front part of the above cargo vehicle and caused the victim to die due to damage to around 20:17 around the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Photographs, such as traffic accident;

1. A death certificate;

1. Investigation reports (the CCTV images, etc. of parking or stopping), and signal systems also apply to statutes;

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. The defendant's negligence of violating the signal is serious in sentencing Article 62-2 of the Criminal Act, and the responsibility for the crime is not minor in light of the fact that the traffic accident in this case causes the result that the victim cannot observe the death.

However, the fact that the defendant reflects the crime in depth as an initial crime with no criminal history, the vehicle operated by the defendant is covered by a comprehensive insurance, and the bereaved family members want not to have the punishment of the defendant but the bereaved family members want to have the preference (the bereaved family members, the defendant's side paid 50 million won as agreed money, and after being prosecuted.

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