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(영문) 광주지방법원 2018.02.27 2017고단5720

교통사고처리특례법위반(치사)등

Text

Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle BCA110 V engine device.

On December 1, 2017, the Defendant driven the above Oral Ba on the 13:45 on December 1, 2017, and led to the operation of the two parallels C in front of the Namyang-gun to the Jinyang-Eup bank located in the north-do bank.

Since the place is marked slowly on the surface and there is an excessive speed to prevent it, the driver as the driver of the diversba, and the driver and the divers had the duty of care to wear the health boars.

Nevertheless, the Defendant neglected to do so and did not carry a motor device bicycle license at a speed limit without obtaining a motor device bicycle license, and did not wear the victim D (V, 68 years old) who is the mother of the Defendant, who was on the back seat of the upper part of the Defendant, and caused the head to the floor by leaving off the upper part of the upper part.

Ultimately, around December 9, 2017, around 00:29 on December 9, 2017, the Defendant caused the victim to die by pressure on brain at a high-tech general hospital in Gwangju Mine-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident scene;

1. The driver's license ledger;

1. On-the-spot report (CCTV verification);

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 (the occupation of occupational and de facto death, the choice of imprisonment without prison labor), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the occupation of unregistered driving, the selection of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act (the Criminal Procedure Act) of the Provisional Payment Order (the type of traffic accident) are two types of ordinary traffic accidents (the death or injury of traffic accidents).