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(영문) 광주지방법원 순천지원 2017.01.18 2016고단2130
교통사고처리특례법위반(치사)
Text

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

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2016, the Defendant driven the said car at around 23:10 on June 17, 2016, and continued to drive the said car at the speed of 95 km from the side of the vice consul distance to the side of the female fire department in front of the female fire department located at the speed of 20 kilometers.

Since there are crosswalks and the speed limit is 60 km per hour, a person engaged in driving service has a duty of care to prevent accidents by safely checking whether there is a person who gets on the right and the right and the right and the right and the right of the road.

Nevertheless, the defendant neglected this and got the victim C(31) who crosses the crosswalk from the left side to the right side while moving the crosswalk at a speed exceeding 35 km per hour while driving a letter to the opposite side of the above car by getting the victim go beyond the one facing the victim.

D Launaly, it was linked to other automobiles.

As a result, the Defendant caused the death of the victim due to the above occupational negligence by getting the victim to die due to two alleys in the same workplace.

Summary of Evidence

Application of the Acts and subordinate statutes of delivery to the defendant's legal statement, report on traffic accident occurrence, report on actual condition investigation, and death certificate of a traffic accident scene;

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;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act of the class and the community service order [the scope of recommended punishment] The basic area (eight months to two years) of the type of traffic accident (the death of a traffic accident) [the person subject to special mitigation or aggravation] / In the case of a person subject to punishment under Article 3(2) proviso (excluding subparagraph 8) of the Act on the Special Cases of the Teaching Service, or in the case of a bad driving (the decision of sentence] by negligence of the defendant and the death of the victim, thereby causing significant damage to the accident.

(b).

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