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(영문) 광주지방법원 2017.08.17 2017고단2453
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 a C Poter cargo vehicle.

On May 11, 2017, the Defendant driven the above cargo vehicle at around 1:04, and led the Defendant to make a right-hand turn to the speed of about 20 km from the south-gu of Gwangju to the intersection of the Korean Bank in front of the 831 national bank in the direction of the city, along the two-lanes of the city, from the intersection of the week to the intersection of the Gwangju University.

Since there is a crosswalk on which signal lights are installed at the front of that place, the person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident by driving the motor vehicle safely according to the traffic signals.

Nevertheless, the Defendant neglected this and found the victim D (77) who cross the crosswalk from the right side to the left side of the crosswalk due to the negligence of the Defendant’s failure to stop the vehicle, which was in violation of the signal signal, and proceeded to the right side in order to avoid this fact. However, the Defendant did not avoid the traffic, but did not go to the right side of the freight of the Defendant and got the victim back to the road.

Ultimately, the Defendant caused the victim’s death by his occupational negligence in the process of getting the victim to receive medical treatment at the Joseon University Hospital located in 365, in Gwangju-gu, Gwangju-gu. On May 20, 2017, at around 08:21, around 2017.

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 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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents [the type of decision] are two types of ordinary traffic accidents [the person who is subject to special sentencing].

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