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(영문) 광주지방법원 목포지원 2016.09.23 2016고단795

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

【The Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Southern Branch of the Gwangju District Court on October 24, 2012, and completed the execution of the sentence in the Southern Branch on July 2, 2014.

【Criminal facts】 The Defendant is a person engaging in driving a car in Crane XG.

On May 13, 2016, the Defendant driven the above car at around 20:00, and proceeded at an insurous speed, one of the four-lanes from the south bank to the lower bank of the 533-lane of the surrogate-gun Eup, Young-gun.

At the time, since it is an intersection in which the signals are installed at night, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded in violation of the signal and received the victim D(70) walking along the crosswalk from the front part of the said car by negligence.

Ultimately, the Defendant caused the death of the victim at the Ganpo E hospital around 00:20 on May 14, 2016 due to the foregoing occupational negligence due to a low-quality shock shock caused by multiple shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report, report on internal investigation (for signals at the accident place), and death diagnosis report;

1. Each photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, report on investigation (verification of suspect repeated records) Acts and subordinate statutes;

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: One month to ten years from a credit cooperative;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the basic area (from August to two years) (no person who is subject to special sentencing] of the types of general traffic accidents.

3. Fixtures;