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(영문) 광주지방법원 2020.12.17 2020고단5311
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 a KS7 car.

On August 29, 2020, the Defendant driven the above vehicle on August 20, 2020, and entered the front road of Gwangju Mine District C into the three-lane road, and tried to make an internship at the seat of the D Hospital.

Since there is a road with a central line, in such a case, there was a duty of care to observe the vehicle line and to prevent the accident by driving the vehicle safely.

Nevertheless, the Defendant neglected this and changed the lane rapidly from the three lanes to the one lane, and the Defendant diversed the central line and attempted to her internship, and the Defendant was driven by the victim FF (22 years of age) who was going from the area of Meded D Hospital to E, as the Defendant’s vehicle.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die by pressure on brain in the middle-patient hospital in the Jeonnam University Hospital around 17:50 following day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A traffic accident report;

1. A death certificate;

1. Application of statutes on site photographs;

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. Scope of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2] causing death of traffic accident (special-speed person]: Reduction factors: Reduction area of punishment not (the scope of recommendation and recommendation), reduction area, reduction area of punishment not (the scope of recommendation area and recommendation), April of imprisonment without prison labor and one year;

3. Determination of sentence: The defendant shall be sentenced to imprisonment without prison labor for a period of two years, both of whom are suspended for a period of eight months, and the defendant shall be sentenced to the victim who has driven Oral Seaba by the negligence of her being

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