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(영문) 광주지방법원 2020.05.28 2020고단1056
교통사고처리특례법위반(치사)
Text

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

except that 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 the BM6 car.

On January 21, 2020, the Defendant driven the above vehicle at around 16:48, and was stopped over a temporary stop line of D4 distance in Gwangju Mine District C, and was stopped on the front of the said D, the Defendant got to turn to the left at an insular speed depending on three-lanes between the opposite two-lanes.

Since there was an intersection where a signal, etc. is installed, the defendant engaged in driving of a motor vehicle has a duty of care to check whether the defendant is a motor vehicle traveling along the intersection by checking well the right and the right and the right and right and to turn to the left at the center of the intersection while driving the motor vehicle along the center of the road, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and went to the left at the three-lane as it was due to the negligence of the Defendant’s failure, and the part of the front wheels of the HY driven by the victim G (the age of 57) who was driven by the three-lanes of the two-lanes, one of the two-lanes of the two-lanes, was driven by the Defendant into the left side of the vehicle driven by the Defendant.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die with brain pressure at the Jeonnam University Hospital, which was in the 42-ro of Gwangju Dong-gu, Gwangju, on January 22, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A traffic accident report;

1. A traffic accident analysis report;

1. Application of Acts and subordinate statutes of a death certificate;

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 (including circumstances, etc. described in the following reasons for sentencing);

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines, and the general traffic accident [the category 2], the death of a traffic accident (the special person).

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