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(영문) 광주지방법원 2017.04.20 2017고단16
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 of Poter Cargo Vehicles B.

On November 12, 2016, around 09:13, the Defendant was forced to enter the intersection at a speed of about 20 km from the surface of the Jineeean State to the surface of the back of the south elementary school at a speed of about 20 km.

그곳은 교통정리를 하고 있지 아니하고, 좌측을 확인할 수 없는 ‘ ㅓ’ 자형 삼거리 교차로이고 당시 피해자가 우회전하여 오고 있었으므로 이러한 경우 자동차의 운전업무에 종사하는 자로서는 속도를 줄이거나 일시정지하여 교차하는 차량 등이 있는지 여부를 확인하고 안전하게 교차로에 진입하여야 할 업무상의 주의의무가 있었다.

Nevertheless, due to the negligence of entering the intersection as it is, the right side of the victim E(75)'s electric bicycle that is bypassing from the left side of the driver's vehicle of the defendant be shocked into the front part of the driver's vehicle.

Ultimately, the Defendant caused the victim to die by occupational negligence on November 12, 2016 at the G hospital emergency room located in the Namyang-gun F, Namyang-gun, Namyang-gun on May 12, 2016.

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 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. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Order and Order to Attend Education, and Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection and Observation, etc., reflects his/her mistake, and the bereaved family does not want the punishment of the defendant, there is no record of the suspended sentence or heavier punishment, and the defendant's age, sex, environment, circumstances leading to the defendant's crime

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