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(영문) 광주지방법원 순천지원 2020.04.28 2019고단2859

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On October 7, 2019, the Defendant driven the said car at around 19:48, and led the Defendant to the F Hospital from the Empt to the F Hospital, one lane out of three lanes in front of D in the net City C.

At night, there are crosswalks where signal lights are installed on the front door, so in such a case, there was a duty of care to check whether pedestrians collapse on the crosswalks and prevent accidents by checking the speed reduction and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this by negligence, thereby passing the crossing road to the right side from the left side of the running direction to the right side of the defendant's driver's car (the age of 94) as the front part of the driver's car.

Ultimately, the Defendant caused the victim's death by occupational negligence at around 20:10 on the same day, resulting in the death of an external person due to a traffic accident at the above crosswalk.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”)

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident (special person] - the mitigated element: In the event that the victim has committed considerable negligence due to the occurrence of a traffic accident or the expansion of damage, the victim is not punished (including efforts to recover damage), [the scope of the recommended area and the recommended sentence] the special mitigation area, the imprisonment without prison labor for two months to one year [the general person] - the mitigated element: The strong reflective nature [the grounds for suspension of execution] - The major pride factors such as the mitigation element of the above special sentencing: major illegal causes;