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(영문) 광주지방법원 순천지원 2016.11.17 2016고단1691
교통사고처리특례법위반(치사)등
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 a person engaged in driving a C-A-Wurt Motor Vehicle.

At around 12:55 on March 13, 2016, the Defendant driven the above car and proceeded the three-lane road in front of the E agency located D at the time of leisure, from the south mountain distance, to the 50km speed from the south mountain distance, at a speed of 1:5 meters per hour.

Since there is a crosswalk in which a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service has a way to reduce speed and see the front door, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim F(74 years old) and G(79 years old) late later to the left-hand side by using the crosswalk, which led the victims to go beyond the ground, respectively.

Ultimately, the Defendant caused the death of the Victim F from the Joseon University Hospital located in the Joseon University Hospital located in 365, according to the Dong-gu Seoul Metropolitan City, which was undergoing a follow-up treatment around 19:40 on June 13, 2016 due to the above occupational negligence, at the same time caused the death of the victim G by a low-blood shock shock, and at the same time suffered injury, such as an alley for about seven weeks of treatment to the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to H and G;

1. A traffic accident report (1) (2) (actual survey report);

1. On-site photographs of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. There is no criminal history against the defendant with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the bereaved family and injured victim of the deceased victim.

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