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(영문) 광주지방법원 목포지원 2018.05.18 2018고단187
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended 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 Crento car.

On December 23, 2017, the Defendant driven the above car at a level of 06:52, and driven the E-throp road at the right time D at the right time on the side, with a limit of 60km/h road from the side to the private road of artificial width, the Defendant driven a two-lane of about 70km/h, depending on the two-lane between four-lanes.

It is a place where a commercial building and apartment are located in and around, and there is a person crossing the road, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering room and the right and the right and the right and the right and the right and the right, and by accurately operating the steering system and the steering system.

Nevertheless, the Defendant neglected to do so and, while under the influence of alcohol by 0.024%, continued to change the vehicle line with a restricted speed exceeding 10km, and did not find in advance the victim F who was crossing the road without permission during the course of overtaking other vehicles (e.g., 57 years old), was the victim with the part of the driver’s seat in front of the car driving by the Defendant due to occupational negligence, who did not discover in advance the victim.

Ultimately, the Defendant caused the death of a person who was damaged by occupational negligence on the same day due to low blood shocks caused by traffic accidents while he/she was transferred to an emergency room of G Hospital at around 07:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the forwarding statutes to the ledger of the use of a drinking measuring instrument, each field photograph, death diagnosis certificate, and traffic accident analysis report;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents) [the victim] has been negligent in the occurrence of traffic accidents or the expansion of damage even to the victim, the victim is not subject to punishment (including efforts to recover damage).

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