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(영문) 광주지방법원 2019.10.10 2019고단3070

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 engaging in driving a rocketing car.

On June 21, 2019, the Defendant driving the said car around 20:16, and driving the said car at a speed of about 66-68 km per hour depending on the two-lanes, driving the two-lane roads in front of the bus stops at D University, Lifelong Education Center, Seoul, toward the direction of salt injection distance from the side of the two-lanes.

At the time, universities, commercial buildings, and housing were at night, and there were anticipated points to cross pedestrians around the city, and the Defendant was proceeding along the laund road, and it was difficult to secure the front view of the vehicle. In such a case, there was a duty of care to prevent accidents by reducing speed and checking the safety of the course by checking the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and proceeded at the same speed, and did not see the front side, and caused the victim E (the 68 years old) who crosses the road to port from the right side of the course by negligence, with the front part of the car of the Defendant.

Ultimately, at around 23:50 on the same day, the Defendant caused the death of the victim from low blood transfusion shock at the Jeonnam University Hospital located in 42, Dong-gu, Gwangju, Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report;

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, Article 268 of the Criminal Act, and selection of imprisonment without prison labor

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [The grounds for the suspended sentence] [the scope of recommendations and recommendations] - Special mitigation area, imprisonment without prison labor for two or one year: General traffic accident: < Amended by Act No. 1138, Feb. 1, 2001; Act No. 11330, Feb. 2, 2001>