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(영문) 광주지방법원 해남지원 2019.02.21 2018고단498
교통사고처리특례법위반(치사)
Text

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

However, the defendant shall be sentenced to the above punishment for 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 the driving of the Grandroth.

On September 6, 2018, at around 07:09, the Defendant proceeded at a speed of 114 km from the direction of the parallel of vehicles at a speed of 114 km in the direction of the parallel of vehicles from the direction of the parallel of roads in front of the C-do in front of the Southern-gun, Namnam-do.

At the time of the road packing work, the central line and the lanes were not opened. Since the speed limit is 60km, the person engaged in the driving of motor vehicles had a duty of care to safely manipulate the steering direction and the brake system of the motor vehicle and prevent the accident by safely manipulating the steering direction and the brake system of the motor vehicle in accordance with the speed limit.

Nevertheless, the Defendant neglected this and proceeded to the left-hand side of the victim victim D(84) who was prior to his driving in the same direction as that of the Defendant’s driving direction, and proceeded to the right-hand side in the direction of E in order to overtake the victim D(84 years old) driving, which was prior to the Defendant’s driving direction, and brought the front right-hand side and the left-hand side into the front right-hand side of the victim.

Ultimately, around September 6, 2018, at around 16:36, the Defendant caused the death of the victim due to the above occupational negligence, such as low volume shock, multi-lateral external disorder, etc. in Gwangju-dong, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. Reporting on the occurrence of a traffic accident;

1. On-site photographs, vehicle photographs, motion picture photographs, black fluor photographs, photographs of the actual section at the scene of the accident at the speed calculation;

1. A death certificate;

1. Protocol of inspection;

1. Requests for appraisal, and additional replys to requests for appraisal;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to CDs for video recording of a Maritime Vehicle Track Track

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act.

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