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(영문) 광주지방법원 2018.07.10 2018고단1863
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

On March 31, 2018, the Defendant stopped in order to get off taxi passenger C while driving a two-lane of the two-lane of the public health clinic in front of the North-gu public health clinic located in the north-gu, Gwangju, Gwangju, with two-lanes from the front door of the university to the front door of the North Korean university.

Since there is a frequent intersection of vehicle traffic, there was a duty of care to prevent accidents in advance by opening the door of the vehicle after checking the safety of a person engaged in driving of the vehicle.

Nevertheless, as the Defendant neglected this and required C to leave the vehicle on the two-lanes, the Defendant, due to occupational negligence, caused C to open a back door of the taxi operation and get C to leave the taxi operation on the same direction as the back door of the taxi operation, and caused C to go beyond the floor by shocking the front wheel of the victim D(23 ) who is proceeding in the same direction.

Ultimately, around April 13, 2018, the Defendant caused the victim to die with pulmonary pressure due to traffic accidents at the Joseon University Hospital located in 365, Gwangju, Dong-gu, Gwangju, by the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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 Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

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

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course of Education [the type of decision] - Type 2 of the ordinary traffic accident (the resulting from a traffic accident) - The mitigated element: The mitigated range of punishment [the recommended range] [the mitigated range] from April to one year [the person subject to general sentencing] - The mitigated element of taxi deduction [the suspended sentence].

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