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(영문) 광주지방법원 해남지원 2018.12.20 2018고단390

교통사고처리특례법위반(치사)

Text

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

However, the defendant shall be sentenced to the above punishment for a period of 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 CM7 car.

On October 9, 2018, the Defendant driven the above car at a speed of 19:20 on October 9, 2018, and proceeded with the road of the front E-do located in D of the Gun of the entire southnamdo at a high speed from the high-speed intersection to the seat of the high-speed intersection.

At night, street lights were not installed around the road, and thus it is difficult to secure the front view. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right of the vehicle driver.

However, due to the negligence of neglecting this, the Defendant neglected to drive the victim F(63) prior to the Defendant’s car prior to the Defendant’s car transfer, the part on the compact loaded on the front side of the Defendant’s car, which was 550 bit box, was shocked to the part on the front part of the Defendant’s car, so that the victim could fall off on the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day by causing multiple prolonged damage, etc. from the emergency department of the Gangwon-gu Medical Center in the way of search by the Gangnam-gu, Gangnam-gu, Seoul Special Metropolitan City on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. A photograph of each traffic accident scene and a photographic photo of a changeer;

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 the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act, which led to the occurrence of a significant and difficult consequence of the victim’s death due to the negligence of the defendant.

On the other hand, however, the defendant recognizes all of his errors and is in profoundly against himself.

The Defendant agreed with the bereaved family members of the victim.

There is no history that the defendant was punished in excess of a fine.

(2).