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(영문) 광주지방법원 목포지원 2017.04.14 2017고단196

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 Bchip car.

On January 18, 2017, the Defendant driven the above car at around 06:20, while driving the car at a speed of about 82 km at the speed of about 82 km from the area of the square station to the area of the square station.

At the time, since the driver was around the new wall hours, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear and operating the steering gear.

Nevertheless, the Defendant neglected this and caused the victim E (e.g., 69 years old) who crosses the road from the right side of the running direction of the Defendant to the left side of the road due to the negligence of driving more than 60 km speed above the above, and caused the victim to go beyond the above road.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the G hospital emergency room located in the Gampo City F around January 18, 2017, in the G Hospital emergency room located in the Gampo City F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A traffic accident report (1) a survey report and an investigation report (an estimated speed of a hazard vehicle);

1. Application of Acts and subordinate statutes to on-site photographs, photographs of harming vehicles, and death reports;

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. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of special mitigation (the period between February and one year) [the person subject to special mitigation] shall also be limited to the victim where there is a considerable fault in the occurrence of traffic accidents or the expansion of damage, and the victim shall not be punished (including the efforts to recover damage);

2. Determination of sentence: Eight months of imprisonment without prison labor and two years of suspended execution;