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(영문) 광주지방법원 2017.11.16 2017고단2975
교통사고처리특례법위반(치사)
Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Csi.

On February 13:40 on February 10, 2017, the Defendant continued three lanes in front of the Gwangju District Tax Office in the Gu, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seo-gu, about 50km at a speed of 50km from the side of the Gwangju Postal Office to the salt-based sports center.

At the same time, vehicles in the signal waiting at the first lane and the second lane stopped, and the left side of the road in the direction of the defendant's running was not secured, and the third lane was reported by the defendant. Therefore, in preparation for the possibility that there is a person driving a motor vehicle without permission, a person engaged in driving the motor vehicle has a duty of care to operate the steering gear and brakes accurately and safely.

Nevertheless, the defendant neglected this and neglected to pay attention to the victim D (50) who was unclaimed on the right side from the left side of the direction of the defendant's proceeding to the right side, and received the victim D (50) from the defendant's taxi.

Ultimately, the Defendant caused the victim to die by occupational negligence on March 12, 2017, at the Joseon University Hospital located in 365, according to the Dog-gu Seoul Special Metropolitan City, due to a multiple-long-term marriage due to the surgery, etc., during the treatment at the shipbuilding University Hospital located in 365.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

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

1. A death certificate, medical certificate, or entrusted reply;

1. Application of the CCTV-related Acts and subordinate statutes to each statute;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures

1. The claimed victim shall proceed to the direction of the defendant.

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