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(영문) 광주지방법원 순천지원 2020.04.22 2019고단2878

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B K9.

At around 17:30 on June 2, 2019, the Defendant came to turn to the right from the rear side of the E-dong, the front road of the C Apartment Ddong at Netcheon-si.

Since there are frequent passage of apartment residents and vehicles on a road in an apartment complex, in such a case, the driver of the vehicle has a duty of care to temporarily stop or reduce the speed and properly examine the left and right of the vehicle driver, to confirm whether there is a pedestrian, and to accurately manipulate the steering direction and the brake system so as to prevent the accident from spreading.

Nevertheless, the defendant neglected this by negligence, caused the victim G(4 years old) who was walking on the right side from the left side of the running direction, and caused the victim to go beyond the floor by taking the front part of the driver's car.

Ultimately, the Defendant, as above, caused the victim to die by occupational negligence on June 23, 2019, by pressure on brain at the Gwangjunam University Hospital located in the Dong-ro 42 Gwangju Metropolitan City, Dong-gu, Gwangju Metropolitan City (Seoul Metropolitan City).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) actual condition survey report, and evidence and photographs of the scene of the traffic accident;

1. An investigation report (related to the closure of a CCTV photograph), a capse photograph of CCTV images, and a CCTV image CD;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The range of recommendation [the determination of types] according to the sentencing guidelines, and the general traffic accident [the category 2], the death of traffic accident (the special person] - the mitigation element: the recommended range of punishment, the recommended range of punishment (including serious efforts to recover damage) and the recommended range of punishment.