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(영문) 광주지방법원 2017.03.30 2016고단5155
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a driver of a heavy-type passenger vehicle running in this Section.

On September 19, 2016, the Defendant driven the above vehicle at around 17:20, and continued to drive the vehicle at around 37:0,000, using a one-lane road between the 75-ro, New Singu, Gwangju, a 35-lane, a 75-lane, a Jindo apartment complex at the entrance of the 79-ro, a remotely high speed.

Since it is expected that a crosswalk that is not supported by traffic adjustment as a child protection zone will be installed and a pedestrian appearance is expected, the driver of the motor vehicle has the duty of care to check and safely drive the motor vehicle by temporarily stopping the motor vehicle before entering the crosswalk.

Nevertheless, due to the error of having entered the crosswalk without temporarily suspending it, the victim D, who crosses the crosswalk from the right side of the running direction of the motor vehicle of the defendant, to the left side of the crosswalk, has been contacted with the right side of the motor vehicle of the defendant, and the victim's head, who crosss the right side of the motor vehicle of the defendant, was assigned to the front side of the motor vehicle of the defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, such as double flaverization of flaver and the injury to brain-resistant body.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to death certificates;

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. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Order and Order to Attend Education, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection and Observation, etc. are the primary offender and reflects his/her wrongness, the bereaved family members do not want the punishment of the defendant, and the defendant's age, sex, environment, and

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