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(영문) 광주지방법원 2020.06.23 2020고단845
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 Grandroth.

On November 18, 2019, the Defendant driving the above van on the 19:55 on the 19:19:1, and driving the D cafeteria in Seo-gu, Gwangju, along the three-lanes of the 5-lane in the direction of the Doncheon Reservoir.

At the time, commercial buildings are concentrated in and around the night, and the speed of restriction is 60 km a speed, so the defendant engaged in driving the motor vehicle has a duty of care to observe the speed limit and properly see the steering direction and brake system and to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant neglected this and did not discover the victim E (18 years of age) who was moving on the right side of the running direction of the above defendant on the road by negligence of her own speed exceeding 36 km per hour, and did not discover the speed from the right side of the defendant's driving on the left side, and received the part of the victim's body parts in front of the above passenger car operated by the defendant.

Accordingly, the Defendant caused the death of the victim through occupational negligence in the above 20:25 day by low blood transfusion shock, etc. while being treated by the F Hospital in Seo-gu in Gwangju, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of statement concerning G police officers; 1. The report on the occurrence of traffic accidents and the report on actual situation investigation;

1. Requests for appraisal;

1. A written result of autopsy;

1. Application of CD-related Acts and subordinate statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] - Death of traffic accident (special person) - mitigated factors: the victim shall also recover damage caused by the occurrence of traffic accident or the expansion of damage if there is substantial negligence on the part of the victim.

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