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(영문) 광주지방법원 2021.01.14 2020고단5104
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 B car.

On September 23, 2020, the Defendant driven the said car on September 23:34, 2020, and directed about five lanes in front of the D cafeteria in Gwangju Seo-gu at a speed of about 98.3km per hour in the direction of the two roads in the direction of the shooting distance.

At the time, night and its limit is designated as 60 km speed, so there was a duty of care to observe the speed limit, to ensure that a person engaged in driving of a motor vehicle has a duty of care to properly operate the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and did not look at a speed exceeding about 38.3km, and found the victim E (the 49 years old) who was unclaimed from the left side of the Defendant’s running direction to the right side of the road and immediately passed it, but did not avoid it, and did not go beyond the ground by the victim with the left side of the front side of the Defendant’s car.

Ultimately, at around 00:17 the following day, the Defendant caused the death of a victim by occupational negligence at G hospitals located in the Seo-gu in Gwangju, Seo-gu.

Summary of Evidence

1. Statement of the police made by the defendant to H in the court;

1. A survey report on actual conditions;

1. A photograph at the scene of an accident, a vehicle involved in an accident, on-site photo, and a black stuffe image to capture;

1. Involving the enemy;

1. A death certificate;

1. Application of the statutes of the response request for appraisal;

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

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The scope of the recommended punishment according to the sentencing guidelines [type 2] traffic accident death [special sentencing factors] mitigation factors: the punishment is not to be mitigated [the territory of recommendation and the scope of the recommended punishment]. The scope of the recommended punishment is to be mitigated.

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