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(영문) 광주지방법원 순천지원 2019.05.23 2018고단2519

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving a high-speed vehicle B.

On September 29, 2018, the Defendant driven the above vehicle on September 29, 2018, while driving the vehicle, the Defendant continued to drive the road from the direction of the E kindergarten to the F store.

However, at night, street lights were turned on both sides of a narrow road between apartment complexes, and a happy G was sent with a sign-up signal, so there was a duty of care to prevent accidents in advance by accurately manipulating the front section and the right and the right and the right and the right and the right and the right and the right of the vehicle driver.

Nevertheless, the defendant neglected this and did not discover the victim H(19 years of age) that was used in front of the defendant, and caused the above vehicle to go against the body of the victim and the side of the bridge.

Ultimately, at around 06:10 on September 29, 2018, the Defendant caused the death of the victim at the J Hospital located in the Yacheon-si, Yacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident (1), and (2);

1. A death certificate;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence led to the death of a victim who was employed on the road by negligence in breach of the duty of the ex officio request.

In light of the fact that a serious result of infringing the life of the victim, the criminal liability of the defendant is heavy.

However, the fact that the defendant is committing a crime, the vehicle of the defendant's driving is covered by a comprehensive insurance, the fault of the victim who was under the influence of alcohol at one night is significant, and the victim's bereaved family and the victim's bereaved family have agreed smoothly.