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(영문) 광주지방법원 2018.07.10 2018고단1505
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 engaging in driving a rocketing car.

On February 22, 2018, the Defendant driving the above car at around 22:58, and driving the car at around 22:58, one lane out of the three-lanes in Gwangju Northern-gu C, the front of the D, which is located in Gwangju Northern-gu, was proceeding at the speed of speed in the middle distance from the shooting distance of the E school.

At the time of night, the driver had a duty of care to safely drive a car by returning the right and the right and the right and the right and the right and the right and the right are well and reducing the speed.

Nevertheless, by negligence of neglecting this, the Defendant neglected to proceed, and received the victim FF (41) crossing the said road on the right side from the left side of the direction of the proceeding, in front of the left side of the said car.

As a result, the suspect caused the death of the victim at the E University Hospital around 00:23 on February 23, 2018 due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

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, and Article 62-2 of the Act on the Punishment, etc. of Traffic Accidents / [The type of traffic accident [the type of special sentencing person] - In the case where there is a substantial fault in the occurrence of traffic accidents even for the victim, [the scope of recommended punishment] mitigation area / [the scope of recommended punishment] 4 months to 1 year [the general sentencing person] mitigation area - considerable deposit, automobile comprehensive insurance subscription [the stay of execution] - Where there is a negative death: Where there is a significant fault on the occurrence of traffic accidents - If there is a significant fault on the occurrence of a traffic accident: There is no positive probation period, and comprehensive automobile insurance subscription.

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