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(영문) 광주지방법원 2018.02.27 2017고단5598
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for seven 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 is engaged in driving a small-scale car B.

On September 28, 2017, the Defendant runs approximately 104 km each hour from the direction of the scopic dam to the intersection in the direction of the scopic dam to the scopic road, at a point of 100 meters in the direction of the scopic road, along the lower located in the scopic-gun of the Namsung-gun, the Southern-gun.

At the time, the place is two-lanes at a speed of 80km per hour. In such a case, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle has a duty of care to observe the restricted speed and accurately manipulate the steering direction and operation system of the motor vehicle to prevent accidents in advance.

Nevertheless, the Defendant, in violation of this, proceeded with a speed exceeding 24 km a speed of 24 km a speed, while driving the victim C ( South, 84 years old) who was proceeding on the front side of the vehicle in the same direction as the Defendant’s vehicle, took the front part of the Defendant’s driving vehicle into the front part of the Defendant’s driving vehicle and caused the victim’s head to conflict with the front glass of the Defendant’s driving vehicle.

Accordingly, the Defendant caused the victim to die due to the victim's response to the sex blood transfusion from the high-tech general hospital located in 59, a 170-gil-ro 170, the center of the Gwangju Mine-gu around September 30, 2017, at the high-tech general hospital located in the 59-ro of Gwangju Mine-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. A survey report on actual conditions;

1. A report on internal investigation (blue video images);

1. A death certificate;

1. Application of the statutes of the Road Traffic Authority analysis report;

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 reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service, Order to provide community service, Order to attend lecture, and Order to attend lecture [the type of traffic accident] Class 2 (Death, etc. resulting from Special Sentencing) - The elements for mitigation are not subject to punishment (the decision of the area of recommendation).

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