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(영문) 광주지방법원 목포지원 2017.07.14 2017고단1
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became 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 June 3, 2015, the Defendant driven the above cargo vehicles around 10:07, and led to a three-distance intersection in front of the E resting area D in Young-gun, Namnam-gun, to turn to the left at an irregular speed from the right side of the new North Korean terminal to the right village.

It is an intersection, and since the road to which the defendant gains a left turn was a road without a central line that enables the passage of the vehicle, the driver of the vehicle has a duty of care to accurately grasp the flow of the vehicle and to safely proceed to the right side of the road by reducing speed and checking well the right and the right of the road.

Nevertheless, the Defendant neglected to do so and neglected to do so, and went on to the left side of the access road by negligence, which led to the failure of the Defendant to perform his duty of care on the left side of the access road, and did not discover the G 200 driving of the victim F (76 Doe) who was operating on the part of the above cargo vehicle on the left side of the said cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence as the injury, such as a cage cages, etc., in which the victim was hospitalized on May 1, 2016 at the I convalescent Hospital located in Gwangju Mine-gu H around 20:20 on May 1, 2016.

Summary of Evidence

1. Any statement made to the accused in part of each protocol concerning the suspect interrogation of the police;

1. A protocol concerning the examination of the police officer against F, or a protocol concerning the police officer against J (bereaved family members);

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of the scene of a traffic accident, each medical certificate (F), each written opinion, (F), death certificate (F), and written confirmation for release from a person to a traffic accident;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The claimed victim shall expire one year after the instant accident.

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