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(영문) 광주지방법원 2017.03.30 2016고단5819
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

However, the execution of the above punishment shall be suspended for a period of three 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 math freight vehicle B.

On October 10, 2016, the Defendant driven the above cargo vehicle at around 09:20, and led to the intersection prior to the entrance of the village in Gwangju Dong-gu, Gwangju, at a speed of about 102 km per hour, depending on six lanes among the six-lanes.

However, since the speed of restriction is designated as 70 km speed by the competent authorities, there was a duty of care for those engaged in driving service to observe the speed limit and drive safely.

Nevertheless, the Defendant neglected such duty of care and failed to properly operate the steering gear at a speed of about 102 km per hour exceeding 70 km per hour, a speed of 70 km per hour, which is a speed of restriction, and received the front part of the freight vehicle in which the Defendant driven the victim D(W, 59 years old) driving on the part of the traffic signal waiting at the intersection where the string of the strings installed on the string of the road is going to the intersection.

As a result, the Defendant suffered from the victim D’s occupational negligence in the above 8-day medical treatment for approximately 8 weeks, and at the same time, the Defendant caused the victim F(61) who was a passenger of rocketing car, to die with the credit wound plesule while receiving treatment at a pre-university hospital located in Gwangju Dong-ro 42 around 12:26 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. A survey report on actual conditions;

1. A death certificate;

1. A medical certificate;

1. Analysis and replies of operational record maps;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the occupation of an occupational and an occupational occupation);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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