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(영문) 광주지방법원 해남지원 2017.08.24 2017고단217
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 B Poter cargo vehicles.

On May 8, 2017, the Defendant driven the above vehicle at around 14:30, while proceeding the intersection in front of the south Navy C from the right side of the mountain village to the right side of the mountain village.

At that time, the signal was not installed, so there was a duty of care to prevent accidents in advance by driving a vehicle after checking the right and the right of the vehicle before and after the passage of the intersection.

Nevertheless, due to the negligence that the defendant neglected this, without checking whether there is a vehicle entering the intersection, and proceeds from it, the part on the right side of the victim D(83 ) driving the bicycle driving from the left side of the direction of the defendant's running to the right side of the above intersection was sufficient to the front part of the defendant's cargo vehicle, and caused the victim to die with multiple symptoms at the South Korean General University of South Korea in 597, South the South Sea, South the South Sea, the 15:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A death certificate;

1. Report on the occurrence of a traffic accident;

1. Scenes at each accident site, CCTV at the scene of the accident to be cut, DNA photographs of changeers, and CCTV at the scene of the accident;

1. Investigation report (in relation to an on-site investigation, CCTV at the scene of an accident shall be governed by statutes);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to one year). No punishment is imposed against a person who has been mitigated;

2. In that the occurrence of a serious result of the death of the victim due to the instant traffic accident, the sentence of sentence is imposed on the defendant.

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