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(영문) 광주지방법원 2017.10.31 2017고단3791
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 a vehicle of QM3.

On June 15, 2017, the Defendant driven the above vehicle on around 13:45, and proceeded at a speed of about 29.4 km from the front side of the D apartment commercial building in Gwangjubuk-gu, to the front side of the D apartment commercial building, according to one lane, the Defendant was driving at a speed of about 19.4 km per hour in the front side of the D apartment commercial building in North Northern-gu.

At the time, there was a protective zone for children, so in such a case, the driver has a duty of care to accurately operate the steering direction and brake system of the vehicle, to verify whether the driver has a fluence on the front side of the road, and to safely drive the vehicle and prevent the traffic accident in advance.

Nevertheless, the defendant neglected to do so and neglected that, by his negligence, went to the right side from the left side of the defendant's running direction and brought the body side of the victim E (V) crossing the road into the front part of the defendant's vehicle, and served as the wheels of the victim's face.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Joseon University Hospital around 16:38 on the same day, such as low blood transfusion shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographss by capturing a black stuffe image;

1. A death certificate;

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

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. 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 Education / [Type Decision] - Type 2 (Special traffic Accident Death, etc.) of the General Traffic Accidents - The elements of mitigation: The area of mitigation [the scope of recommendation] of mitigation [the scope of recommendation] from April to one year [the scope of recommendation] - The elements of mitigation: Subscription to the General Motor Vehicle Insurance / [the existence of suspension of execution] major factors:

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