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(영문) 광주지방법원 해남지원 2019.11.28 2019고단348
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a studal vehicle B.

At around 14:05 on July 17, 2019, the Defendant came to proceed from the sloping side to the west-Eup of the west-do located in 262, Gosan-ro, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, the defendant neglected this and proceeded with the center line in order to overtake a DNA motorcycle driven by the victim C(78 years of age) who was driving on the front line, and returned close to the said motorcycle and led the victim to fall into the right course in the process of avoiding the accident.

Ultimately, around July 17, 2019, at around 15:03, the Defendant caused the death of the victim by occupational negligence, such as a blood fluor, accompanied by a fluoral dynasium in the emergency room of the F Hospital E located in the Namnam-nam Navy E.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on internal investigation (verification of a disaster scene and a locker image) and investigation report (verification of the details of recording of a black box and method of overtaking);

1. An analysis of traffic accidents;

1. A death certificate;

1. The application of the Acts and subordinate statutes in Chapter VII of the scene of an accident, a photo of the accident, atoo photograph, body evidence photograph, and photograph;

1. Article 3 (1) and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor, concerning criminal facts;

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. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence:

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