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(영문) 광주지방법원 2018.04.10 2018고단542
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for a period of 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 motor vehicle B at a low cost.

On January 6, 2018, the Defendant driven the said car at a speed of about 60km/h from the west to the west-side office at the speed of about 60km along a one-lane between the two-lanes.

At the time, it was difficult to secure the view of the front at night, and there was a duty of care to reduce speed and drive the front left and right well for the person engaged in driving service, since the passage of pedestrians is frequent due to a narrow road adjacent to the village.

Nevertheless, the Defendant neglected this and found the victim D(70) crossing the right side from the left side of the course due to the negligence of driving the vehicle, and received the victim by the front of the said vehicle.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence by pressure in the State General Hospital around January 15, 2018, at around 17:42, and at around 17:42, the death of the victim.

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;

1. Blue image data of black boxes;

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 Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

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

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Education - The reason for sentencing [type determination] - Type 2 (Special Traffic Accident Death, etc.) of the General Traffic Accidents - The elements for mitigation : [the scope of recommendation] mitigation area / [the scope of recommendation] 4 months to 1 year [the scope of general sentencing] mitigation area / there is no subscription to motor vehicle comprehensive insurance, serious reflectness, and criminal punishment / There is no major reason for suspension / Where negative death occurs - The main reason for mitigation - The main reason for mitigation : the penalty surcharge is not imposed, and there is no force on criminal punishment : the reason for general consideration.

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