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(영문) 광주지방법원 순천지원 2018.05.25 2018고단417
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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 driving a rocketing car.

On December 22, 2017, the Defendant driven the above car at around 17:55, and made a turn turn turn to the left at the 3-distance intersection at the entrance of the monthly village located in the eongyang-si (Gwanyang-si) at the Ganyang-si.

Since there is a place where traffic control is not supported, there was a duty of care to confirm whether there is a vehicle crossing by reducing the speed or temporarily suspending it, and to safely turn to the left.

Nevertheless, the defendant neglected this and went beyond the road by taking the front quile part of the car driving by the victim E, who was driving by the injured party E, due to the negligence of the left-hand turn at the center line.

Ultimately, the Defendant caused the victim E (64) by such occupational negligence to have the victim E (64) die due to external brain injury in 18:38 of the same day by rolllro hospital. The Defendant suffered from the victim G (56 years old) who was on board the above lebba, with approximately seven weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. A comprehensive analysis of traffic accidents;

1. A corpse death certificate and a diagnosis certificate;

1. Each photograph;

1. Application of each video CD-related statute;

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 employee on duty and a physician due to driving of a motor vehicle), Article 3 (1) and the proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an employee on duty and on duty due to driving of a motor vehicle);

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

1. Selection of a credit cooperative without prison labor for punishment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The following circumstances and grounds for sentencing in the main sentence of Article 62-2(1) of the Criminal Act, and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order.

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