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(영문) 광주지방법원 2013.04.04 2013고단387
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a person who is engaged in driving a car using B.

On October 30, 2012, the Defendant driven the above car at around 23:40 on October 30, 2012, and led the two-lanes from five-lanes at the lower Namnam-dong located in Gwangju Mine-gu, to five-lanes at the lower westsan-gu.

Since there are crosswalks where traffic signals, etc. are installed, there was a duty of care to safely proceed by checking whether there is a person who gets on the way to reduce the speed prior to proceeding, and by checking the front left, and complying with the signal.

Nevertheless, the Defendant neglected this and proceeded with a stop signal, which is not a straight-line signal, and led the bicycle to the pedestrian-line by the negligence of entering the crosswalk, leading the bicycle in accordance with the pedestrian-line, leading the victim C(54 years old) to the front-class part of the passenger vehicle c (54 years old). The Defendant got the front-class part of the victim C(54 years old) to go beyond the floor.

On November 1, 2012, no later than two days after the occurrence of an accident, the Defendant caused the death of a victim who was receiving medical treatment at the Nam-gu Gwangju Hospital due to low oxygen cerebral cerebral cerebral Bribery, by causing the victim to have a fluoral sule caused by such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to E;

1. On-site map of a traffic accident, on-site photograph of a traffic accident, and report of a traffic accident (1) (2) (2)

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of a sentence] Traffic Crime: General traffic accident:

2. Death in traffic accidents (special sponsor) - In cases where illegality in the proviso of Article 3(2) of the Act on Special Treatment of Persons under Special Guard is serious, special mitigations shall be made.

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