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(영문) 광주지방법원 해남지원 2019.09.05 2019고단223
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 May 27, 2019, at around 19:45, the Defendant proceeded along two-lane roads in front of the Chungcheongnamnam-gun C in the direction of the Jin-gun along two-lanes from the direction of the Jin-gun to the south-Eup.

A person engaged in driving motor vehicles has a duty of care to accurately operate the steering gear and brakes and to safely drive the motor vehicle so as to prevent accidents by safely operating the motor vehicle with a duty of care.

Nevertheless, the Defendant neglected to do so and neglected to care and neglected to drive the cater which the victim D(79 years of age) was driving in the front bank by negligence.

Ultimately, around May 27, 2019, at around 20:45, the Defendant caused the death of the victim due to the divessis and long-term damage during transmission to the E Hospital by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of accident site photographs and Acts and subordinate statutes on history photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

3. Determination of sentence: The occurrence of a serious result that could not be followed by the death of a victim due to the accident of this case, four months of imprisonment without prison labor or one year of suspended execution.

However, at the time, it was difficult for the Defendant to anticipate that the horse-going machine will proceed ahead of the road at night, and further, damage.

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