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(영문) 광주지방법원 2015.07.02 2015고단1015
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above punishment shall be suspended for 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 Bran XG car.

On January 15, 2015, the defendant driving the above car at around 21:10, and driving the car at around 31-lane as northwest-gu, Gwangju, and driving the four-lane road in front of the flag car at the 31-lane as the northwest-gu, Gwangju, with three-lanes of speed from the boundary of the Traamamba, and driving at about 69 km at the speed.

At the time, it is night and its place is 40 km at a limited speed, so in such cases, there was a duty of care to prevent accidents by thoroughly emphasizing the front left while complying with the restricted speed, and by accurately manipulating the steering and brakes, there was a duty of care to prevent accidents.

Nevertheless, when the defendant neglected this and neglected to do so, neglected to do so, and proceeded with a speed exceeding about 29 km, the defendant did not discover the victim C (n, 70 years old), D (n, 79 years old) who illegally crossed the road on the right side from the left side of the defendant's running direction, and did not discover the victim C (n, 70 years old), D (n, 79 years old) who did not turn the road over the road above the left side of the driver's vehicle.

Ultimately, the Defendant caused the victim C’s death from his job-related negligence to low-blood shocks, and caused the victim D to die from pulmonary shocks and low blood pressures at the Jeonnam University Hospital located in the 42-ro of Gwangju-dong-gu, Gwangju-gu on January 20, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to the inspection report on actual condition, photographs related to traffic accidents, body acceptance, death certificate, comprehensive traffic accident analysis report, and the protocol of inspection;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) two victims of the instant accident are dead; and (b) the results of such death.

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