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(영문) 광주지방법원 순천지원 2017.07.13 2017고단809
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a DNA car in B.

On February 21, 2017, the Defendant proceeded along the four-lane road in front of the D Hospital located in CD on February 1, 2017, along the one-lane distance from the side of the Frh citizens' hall.

At the time, there are nights, frequent passage of people in the vicinity of commercial buildings, and trees are planted in the central separation, so it is difficult to secure the view from the front and rear left by the vehicle driver, and there was a duty of care to ensure the safe operation of the vehicle by accurately operating the steering and steering gear.

Nevertheless, the defendant neglected this and went beyond the road by taking part of the victim E's body part crossing the road from the right side of the right side of the marina course to the left side of the road due to his negligence.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. On-site photographs of a traffic accident;

1. Photographs of a deceased person;

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

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. The reasons for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution of the Punishment of Imprisonment without prison labor are as follows.

However, considering that it was difficult at night and the victim was crossing without permission, the punishment shall be determined in consideration of the fact that the degree of violation of the duty of care of the defendant was not significant, that the bereaved family members of the victim did not want the punishment of the defendant, and that the defendant was the first offender with no criminal history.

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