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(영문) 광주지방법원 목포지원 2016.11.17 2016고단1119
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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 engaged in driving of D Hastststa car.

On April 10, 2016, the Defendant driven the above car at a 11:20-lane, and led to the intersection of the four-lane in front of the Famama-gun, Yongnam-gun, to proceed from the side of the Agricultural Museum toward the surrogate payment, at an irregular speed.

Since there is a place where signal, etc. is installed on the right side of the road, there was a duty of care to prevent accidents in advance by reducing speed to a person engaged in driving duties, driving on the front side and the left side well, and driving safely in accordance with the new code.

Nevertheless, by negligence in violation of the new code, the Defendant neglected this and received the part on the left-hand side of the victim G(57 years old) driving in accordance with the new code from the right-hand side of the Defendant’s running direction to the left-hand side as the front-hand part of the said car.

Ultimately, on April 14, 2016, at the J Hospital located in Sinpo City I on April 18:51, 2016, the Defendant: (a) caused the death of the victim K (n, 56 years of age) who is the passenger of the damaged vehicle due to the heart heat; (b) around 12:10 on April 10, 2016, the victim K (n, e.g., the 56 years of age) caused the death of the victim G by traffic accident in the emergency room of the above J Hospital; and (c) caused the Defendant’s injury to the victim L (n, e.g., the 36 years of age) who was accompanied by the Defendant’s car, such as the catum catumum

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. Reports on traffic accidents, on-site evidence and photographs, and on-site red inquiries;

1. Each death certificate and medical certificate;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Acts concerning criminal facts, Article 268 of the Criminal Act;

1. Commercial concurrence and the choice of punishment, Articles 40 and 50 of the Criminal Act, the choice of imprisonment without prison labor;

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

1. An order to attend a lecture is highly likely to cause damage due to an accident on the grounds of sentencing in Article 62-2 of the Criminal Act, but the accused.

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