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(영문) 광주지방법원 순천지원 2015.02.05 2014고단1801
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a sports car.

On July 22, 2014, the Defendant driven the said car at a speed of 72 km each hour from the intersection distance to the intersection by driving the said car at a speed of 21:10 on July 22, 2014, and driving the three-lanes of the intersection intersection at the southsan East-dong intersection market at a speed of 72 km each hour.

At the same time, the passage of pedestrians is frequent in the vicinity of the intersection, and the speed of restriction is 50km per hour, so there was a duty of care to safely drive the motor vehicle and prevent accidents in advance after checking whether there is a person driving the motor vehicle, who is engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim D (e.g., 78 years old) who immediately cross the above road from the side of the intersection market to the intersection market by negligence, which led to the speed exceeding 20 km per hour as above, and was immediately operated in order to avoid this, but did not avoid it, and was in the front part of the Defendant’s vehicle and received the victim’s right-hand part.

Ultimately, the Defendant caused the death of the victim at the same place around 21:23 of the same day by occupational negligence as above.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, actual condition investigation report, body autopsy report, and traffic accident comprehensive analysis report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

2. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of gross negligence of the victim in the occurrence of an accident, and consideration such as being covered by a comprehensive motor vehicle insurance and an agreement with the bereaved family members);

3. Article 62-2 of the Criminal Act;

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