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(영문) 광주지방법원 2016.10.20 2016고단3098
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 vehicle.

On May 20, 2016, the Defendant driving the above vehicle at around 17:55, and driving the two-lane road in front of the E in Gwangju Mine District D at a speed of about 82.4-84.6km per hour according to the speed of 1-lane from the advanced oriental medical bank surface to the hClurbing surface.

Since there is a limited speed of 60km per hour, in such a case, there was a duty of care to prevent accidents in advance by complying with the restricted speed and by accurately manipulating the steering direction and brakes while driving the driver.

Nevertheless, the Defendant neglected this and went beyond 22.4-24.6 km speed, and caused the victim F (e.g., the age of 54) who crosses the road to the right side from the left side of the Defendant’s proceeding direction to the right side of the vehicle.

Ultimately, at around 01:50 on May 21, 2016, the Defendant caused the victim’s death by occupational negligence, such as low-blood shock, etc. caused by blood transfusions and multi-divating divers, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the actual condition survey report, death diagnosis report, traffic accident analysis report, and photographic Acts and subordinate statutes;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment without prison labor for not more than four months to one year, and the area where the reduction of the punishment is granted to the person subject to special mitigation of the punishment (including serious efforts to recover damage);

2. Determination of sentence: The result of the death of a victim by an accident in this case in October of a credit cooperative shall be very serious;

The defendant's negligence is high that is proceeding by speed of about 82.4-84.6km each hour at a speed of about 60km each hour.

At the time of the instant accident, it was low, and the instant case.

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