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(영문) 광주지방법원 2017.02.09 2016고단5063
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of a liquid sports cargo vehicle C.

On September 1, 2016, the Defendant driven the above vehicle at a speed of about 40 kilometers per hour from the area of the mountain bank to the area of the three km of the city. On September 1, 2016, the Defendant continued to drive the above vehicle at a speed of about 0 kilometers per hour from the area of the mountain bank to the area of the three km.

At the same time, there was a victim of walking a crosswalk in accordance with the pedestrian signals, so there was a duty of care to reduce the speed to a person engaged in driving of the motor vehicle and to prevent the accident in advance by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, as the defendant neglected this and proceeded immediately while the signal of the vehicle ahead of the defendant's moving direction was red, the defendant's driver's vehicle D (W, 69 years old) who crosses the crosswalk in accordance with green pedestrian signals from the right side of the vehicle driving to the right side of the defendant's driving vehicle.

Ultimately, the Defendant caused the above victim’s death by occupational negligence at around 10:19 on the same day by causing damage to the two parts and clothes, the respiratory part, and the cardiopulmonary part at the main hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs by cutting down a scambox image images;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of applicable sentences by law: One month to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines: The basic area (including August to two years) of the type of traffic accident (accidents resulting from traffic accidents) from 8 months to 2 years (the scope of the recommended punishment) of the imprisonment without prison labor (including special mitigations) / Article 3 of the special law (including serious efforts to recover damage) / Article 3.

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