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(영문) 광주지방법원 순천지원 2017.05.31 2017고단189
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 the operation of a C beer cruise cruise car.

On December 12, 2016, the Defendant driven the said car on December 22:35, 2016, and driven the said car at a speed of about 82 km per hour from the Han-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

It is a place where the speed limit is 50km per hour, and since a house is a road, a person engaged in driving a motor vehicle has a duty of care to safely drive the steering gear and brake system by complying with the speed limit, driving the motor vehicle, driving the steering system, and accurately operating it.

Nevertheless, the Defendant was negligent in driving a vehicle at a speed exceeding about 32 km due to the negligence of driving the vehicle at a speed exceeding 32 km, and received the victim F (67) who was crossing the road from the right side of the vehicle driving direction to the left side of the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence as seen above, by damaging the growth season at H hospitals located in G at the time of leisure in the same day at around 22:48 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. A survey report on actual conditions;

1. A traffic accident analysis and appraisal report;

1. A corpse inspection report and a corpse inspection report;

1. Application of Acts and subordinate statutes on the scene of traffic accidents, black stuff photographs, shot photographs, restricted speed signs, on-site 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 the selection of imprisonment without prison labor;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under the main sentence of Article 62-2(1) of the Criminal Act, Article 59(1) of the Act on the Protection, Observation, etc. of Social Service Order [Type Decision] Type 2 (Death, etc. of Traffic Accidents): Reduction element: Reduction element: Reduction element [Determination in the sphere of recommendation] Reduction element [Determination in the sphere of punishment [Determination in the sphere of recommendation] Reduction area] 4 months to 1 year [Determination in the sphere of imprisonment without prison labor] 4 months [Determination in the sphere of punishment [Determination in the sphere of recommendation] 6 months].

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