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(영문) 광주지방법원 2018.08.14 2018고단606
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 engaged in driving a car at C.

On December 17, 2017, the Defendant driven the above car at around 20:10, and led the road of six-lanes in front of Gwangju Seo-gu, Seo-gu, to go along one-lane from the apartment side to the astronomical intersection.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to prevent accidents in advance by safely driving along the lane by properly manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and brakes, and caused the victim to go beyond the ground by neglecting the central line, resulting in the victim E (59 years old) who was proceeding along the opposite lane in part of the Defendant, and caused the victim to go beyond the ground.

Ultimately, around December 18, 2017, the Defendant caused the death of the victim by occupational negligence from a pre-university hospital located in the 42-ro of Gwangju-dong-dong-gu, Gwangju to the death of the victim due to the maternal typosis.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

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 the Course of Traffic Accidents / [Determination of the Type of General Traffic Accidents] / [Determination of the sphere of recommendation] / [Scope of recommendation] 8 months to 2 years [limited to the scope of recommendation] / substantial amount of contribution - substantial increase factors of contribution - Where a case falls under the proviso of Article 3(2) of the Act on Special Cases of the Republic of Korea, the like criminal records [whether suspended sentence is suspended] that are not a repeated offense - Major reasons for special consideration : Where a death occurs : negative reasons for general consideration: other reasons.

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