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(영문) 광주지방법원 순천지원 2016.06.08 2016고단117
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 car xg of B art.

On November 10, 2015, the Defendant driven the said car at a speed of about 60km per hour, along the two-lanes from the right edge of the Da, which is located in Pacheon City, to the speed of about 11:20 meters per hour.

At the same time, pedestrians crossing the road due to narrow road width are close, and in this case, the driver of the vehicle has a duty of care to check thoroughly whether there is any person crossing the road, and to accurately manipulate the steering and steering devices of the vehicle and prevent the accident by accurately manipulating the steering direction and operating devices of the vehicle.

Nevertheless, the defendant neglected to go beyond the road by finding out the victim E (if he is 69 years old) who was crossing the road from the right side of the defendant's proceeding to the left side of the road due to the negligence of neglecting the front city of the road, but he was able to get the victim to go beyond the road by taking the front part of the left side of the vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, and caused the victim’s injury to cerebral cerebral ties, etc. on November 11, 2015, and caused the victim’s death by pressure on cerebral ties, which was being treated at a hospital as a roller.

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, on-site investigation report, and evidence and photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the type of determination] traffic accident in general traffic accident : Class 2 (Death of Traffic Accidents): Reduction element: Non-existence of punishment [the decision of the recommended area] Reduction element [the scope of recommendation] [the decision of the recommended area] mitigation area. From April to October].

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