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(영문) 광주지방법원 순천지원 2017.03.24 2016고단2502
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 a c-car.

On July 31, 2016, the Defendant driven the above car at around 20:00 and proceeded three lanes in front of the E, which are located in D in Jeonyang-si, Namyang-si, Namyang-do, with a shooting distance slope, and became a U.S. drivership at about five kilometers per hour.

At the time, there is a night and a place where the center line of yellow solid lines is installed, so there was a duty of care to ensure that drivers are thoroughly engaged in driving in the front line and safely operate the lane.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the road by taking the front part of the victim F(19) driving GOba in the direction opposite to the Defendant's proceeding by the negligence of the Defendant who was living in the central line.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above by pressure on brain at the Joseon University Hospital located in 365, Gwangju Dong-gu, Gwangju, on the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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. The crime of this case for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act resulted in gathering the victim aged her death from the crime of this case, but on the other hand, it became the direct cause of the crime of this case where the victim violated the signal.

It appears that the defendant had no previous conviction, reflects in depth, and smoothly agreed with the victim's bereaved family members and the bereaved family members want the defendant's wife, taking into comprehensive account various circumstances shown in the arguments in this case, such as the defendant's age, sex, family relation, environment, circumstances after the crime, etc., and the circumstances after the crime.

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