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(영문) 광주지방법원장흥지원 2020.11.05 2020고단176

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 who is engaged in driving a car in B Art XG.

On June 29, 2020, at around 09:30 on June 29, 2020, the Defendant proceeded with the front road of Gangnam-gun C in the direction of the lurical surface from D to the intersection of the lurical surface.

At the time, the above road was a bend and bend of the road. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, such as a person engaged in driving the motor vehicle, by accurately manipulating the steering direction and brakes, and preventing accidents from occurring.

Nevertheless, the defendant neglected this and went away from the lane by the negligence, and turned it into the right side, and turned it into the concrete structure in the front of the car.

Ultimately, the Defendant caused the death of the victim E (E, South and 85 years of age) who was on board the back of the passenger car operated by the Defendant due to the above occupational negligence on August 2, 2020 by multiple growth donations around 00:55.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, accident photographs, and the network diagnosis report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant acknowledges and reflects his mistake, the victim's bereaved family members agree with the victim