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(영문) 광주지방법원 목포지원 2020.01.14 2019고단950

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

On May 14, 2019, the Defendant driven the said car at around 21:21, and proceeded along the two-lanes between the two-lanes at the speed of 104 km-107 km from the north port to the Young-si 1340 square meters.

At the same time, the vehicle traffic is frequently frequent, and the surrounding area was knife, knife, knife, and the maximum speed is 80 km per hour, so the driver of the vehicle has a duty of care to prevent the accident by safely driving at a speed below the maximum speed of restriction in advance, due to the fact that the driver of the vehicle has a duty of care to prevent the accident by safely driving at a speed below the maximum speed of restriction.

Nevertheless, the Defendant neglected to proceed with a speed exceeding 20 kilometers per hour, and neglected to do so, and instead neglected to do so, the Defendant received the victim C(54 years old) who sing a road to the right-hand side from the left-hand side of the last course of the said car.

After all, the Defendant caused the death of the victim due to the above occupational negligence by cutting down two alleys at the site.

Summary of Evidence

1. Defendant's legal statement;

1. A written result of autopsy;

1. Reporting the occurrence of a traffic accident, reporting the actual condition of a traffic accident, conducting investigation into the actual condition of a traffic accident, conducting on-site photographs, one copy of image data on string vehicles, sending a traffic accident analysis report, and applying the statutes for the entrustment of traffic

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element of traffic accident death [Special Sentencing]: The victim shall also have the occurrence of traffic accident or the expansion of damage.