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(영문) 광주지방법원 2017.09.28 2017고단318
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for seven months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DM7 car.

On September 16, 2016, the Defendant driven the above car at around 15:00, while driving the car at around 15:0, the Defendant continued to drive the wind protruding-do wind on the north-west side of the Namyang-gun in the speed of about 66 km along one lane from the north-west side of the wall.

At the time, there was a rain, and the location was an intersection where traffic control is being performed by signal apparatus, so a person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely drive the front door and prevent the accident in advance by driving the motor vehicle in accordance with traffic signals.

Nevertheless, the Defendant neglected this and did not stop in front of the intersection even if he was a yellow signal in violation of the signal, and did not stop before the intersection, and turned off brooms from the opposite direction to the broom, thereby overing the center line, and received the front part of the Defendant’s vehicle as the front part of the Defendant’s driving.

Ultimately, the Defendant by occupational negligence caused the death of the victim E due to two alleys and a prop set-off transfusions, and suffered injury to the victim G (V, 36 years of age) who was on the Defendant’s driver’s car due to the Defendant’s driver’s car, such as the feld feld feld feld feld feld feld feld feld

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. On face images of an accident scene;

1. A death certificate;

1. Bluice stuffs images;

1. A medical certificate;

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

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) and the proviso to Article 3(2)1 of the 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 Competition;

1. Determination of a sentence of imprisonment without prison labor (based on each of the evidence indicated in the judgment)

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