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(영문) 광주지방법원 2017.10.26 2017고단3789
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 operation of Lone Star.

On July 17, 2017, the Defendant driven the above van on the 15:55 on July 17, 2017, and led to a three-lane road under the high-priced high-speed side of Gwangju Metropolitan City, Nam-gu, Seoul, to proceed at the speed of about 40km from the shooting distance of the Dong Hospital, along one-lane.

In this case, there is a duty of care to check whether a person engaged in driving a motor vehicle has a road at the front of the road and to safely drive the motor vehicle in order to prevent the accident in advance by safely checking whether he/she has a road at the front of the road and to cross the road.

Nevertheless, the defendant neglected this and went beyond the ground by taking the body part of the victim C(75) crossing the crosswalk in violation of the signal from the right side of the proceeding direction to the left side of the road due to negligence proceeding without reducing speed.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as brain pressure and livering humconsis in the Joseon University Hospital located in 365, in the Dong-gu Seoul Special Metropolitan City, Dong-gu, Gwangju, about July 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs, site photographs of accidents, and photographs of changeers by cutting down a lock of the Gabbbox;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The occurrence of a traffic accident also occurs to the victim in the area of special mitigation (two months-one year-one year-one year-one year-one year-one year) by the scope of recommended punishment according to the sentencing guidelines (the scope of recommended punishment).

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