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(영문) 광주지방법원 2017.02.09 2016고단4643
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C-wing cargo vehicle.

On August 9, 2016, the Defendant driven the above vehicle at around 08:45, and had the front of the death road 128, which was located in the Sejong-dong-dong-ro 128, promoted the intersection of the private distance in front of the death road from the Yeongdeungpo-do-ro to the 13th line of the national highway from the Yeongdeungpo-do-ro.

Since there was an intersection where traffic control is not carried out, in such a case, a person engaged in driving service has a duty of care to temporarily stop or slowly drive by entering the intersection before entering the intersection and ascertaining the traffic situation.

Nevertheless, the Defendant neglected this and caused the victim to go left to the right side of the national road No. 13 on the surface of the dead village by negligence, and caused the victim to go beyond the floor. The victim D (W, 67 years old) driving E-Tnibane, which was left to the right side of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Joseon University Hospital located in 365, in accordance with the dong-gu Seoul Special Metropolitan City, Gwangju, on August 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of the actual survey report, death diagnosis report, and each traffic accident evidence examination and photographing statute;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment without prison labor for not less than four months to one year, and the special mitigated area (from April to one year) that reduces the mitigated area of the two types of traffic accidents (the resulting in a traffic accident).

2. Determination of sentence: The sentence of imprisonment without prison labor for six months, the suspension of the execution of two years, and the other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime.

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