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(영문) 광주지방법원 순천지원 2017.06.02 2017고단325
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 person who is engaged in driving a B-learning car.

On January 15, 2017, the Defendant driven the above car at a speed of about 40km in speed from the parallel distance to the intersection by driving it on January 13:50, 201, and driving it at a speed of about 40km in speed.

At all times, there are many conventional markets and street posts in the vicinity, and crosswalks are installed. Therefore, the crosswalks are red signal.

However, since elderly pedestrians often collapse the way, there were many cases, it was a duty of care to prevent accidents by properly ascertaining traffic situation, such as reducing the speed and checking the road well by checking whether there is a pedestrian who walked the crosswalk, etc., and by changing the direction of the operation of the vehicle.

Nevertheless, the Defendant neglected this and did not discover the Victim C (85) to cross the road without permission due to negligence in the course of business, which caused the Defendant to neglect it, and continued without finding the same, and received the left side part of the said vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency room of the Joseon University Hospital located in 365, Gwangju Metropolitan City, which was under treatment for transmission after around January 15, 2017, according to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of traffic accidents;

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 According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The fact that the defendant had a criminal record of the same kind of fine for the reason of sentencing under Article 62-2 of the Criminal Act, while the occurrence of the accident in this case seems to have contributed to a considerable portion of the negligence of the victim, the defendant reflects the defendant, and agreed with the victim's bereaved family members, and other defendants.

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