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(영문) 광주지방법원 목포지원 2016.11.08 2016고단1011
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 car in a SP area.

On June 26, 2016, around 20:35, the Defendant proceeded at a speed of about 50 km from the king of the king to the west of the king, the west of the Emart in front of the Empt D, Young-gun, Yongnam-gun.

At night, there is a place where people frequently cross the road in the vicinity of a commercial building, such as a marina and a restaurant, and thus, there was a duty of care to safely drive the road by checking whether there is a person driving the vehicle as a driver of the vehicle by reducing speed and checking well the front door.

Nevertheless, the defendant failed to discover the victim F (the age of 67) who crosses the road to the right side from the left side of the Roman by negligence without due care while neglecting this, and did not discover the victim F (the age of 67) who crosses the road to the right side and got the victim to go beyond the road.

Ultimately, the Defendant caused the victim to die by occupational negligence on June 27, 2016 at the Jeonnam University Hospital located in 42, Dong-gu, Gwangju, Dong-gu, Gwangju to cause the victim to have cerebral pressure due to cerebral blood.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the comprehensive traffic accident analysis report;

1. Application of the relevant Acts and subordinate statutes to the scene of a traffic accident, examination of evidence, and death;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] and the scope of general traffic accidents (the scope of recommendations] and the scope of mitigation (the period from April to one year) (including special mitigation), the area of mitigation (including serious efforts to recover damage);

2. Determination of sentence: The occurrence of a serious consequence of the death of a victim due to the instant crime for eight months of imprisonment without prison labor or two years of suspended execution;

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