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(영문) 광주지방법원 2019.06.11 2018고단5206
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a passenger car B.

At around 15:50 on November 2, 2018, the Defendant is driving forward the front road of Gwangju Mine-gu in the direction of the E apartment from the D apartment to the direction of the E apartment.

A lane has been changed to a one-lane and proceeds.

In such cases, a person engaged in driving motor vehicles has a duty of care to drive motor vehicles safely by accurately operating the steering gear and operating the steering gear in a way that well sees the right and the right and the right of the way.

Nevertheless, due to the negligence of neglecting this, the Defendant got the front front part of the bicycle driven by the victim F.(82 years of age) who changed the lane from the two-lane of the accident point to the one-lane of the bicycle, with the front front part of the bicycle driven by the Defendant.

Ultimately, the Defendant caused the death of the victim F by occupational negligence in the course of receiving treatment after being transmitted to G Hospital at around 20:35 of the same day, which led to the death of the victim F, with severe cerebral cerebralopty, external typopic typosis, and the two strings.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the occurrence of a traffic accident and the report on each traffic accident;

1. Track images;

1. Each photograph accused and defense counsel asserts to the effect that there was no “the possibility of avoidance” of accidents.

However, in full view of the evidence in the judgment below, although the defendant changed the bicycle from the two lanes to the one lane for overtaking, and the victim who proceeded ahead of the defendant's vehicle more early from the two lanes back to the port in order to drive ahead of the defendant's vehicle, despite the defendant's moving ahead of the bicycle back to the port, it can be recognized that the defendant proceeded ahead of the bicycle without delaying or stopping the speed of the vehicle. Thus, it is difficult to view the traffic accident in this case as a whole by the defendant's negligence, but it is difficult to deem that the traffic accident in this case was due to the defendant's negligence.

(2) an accident;

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