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(영문) 광주지방법원 2018.03.22 2017고단5535
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of C Freight Vehicles.

On October 17, 2017, the Defendant proceeded at a speed of about 30 km/h of speed from the Masan Seaside to the two-lane road in front of Pyeongtaek-si, Gyeonggi-do D, one of the two-lane roads.

At the time, it was difficult to view a new wall as a new wall, and the victim's driver's two-wheeled vehicle was in progress in the same direction as the operation direction of the defendant's vehicle. In such a case, the driver had a duty of care to look at the front line and the right and the right and the right and the right of the driver, to accurately manipulate the steering direction and the brake system, to prevent accidents

Despite this, the Defendant neglected his/her negligence while driving his/her vehicle in the same direction as that of the Defendant’s driver’s vehicle, and took part of the left hand of the two-wheeled vehicle, which is the preceding vehicle driven by the victim E ( South, the age of 63) in the same direction as that of the Defendant’s driver’s vehicle, into the front part of the driver’s vehicle, and made the victim’s two-wheeled vehicle use on the floor, and imposed the head part of the victim’s two-wheeled vehicle over the upper direction of the Defendant’s driver’s vehicle.

Accordingly, the Defendant caused the victim's death by occupational negligence, i.e., double alley and brain damage from the tin.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. A report of investigation (1) (as to the analysis and on-site investigation of black stuffs of vehicles being inspected)

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

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. In light of the circumstances where the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act was caused by traffic accidents causing the victim’s death, etc., the Defendant joined the mutual aid association and additionally the victim was the victim.

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