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(영문) 광주지방법원순천지원 2020.11.26 2020고단2068
교통사고처리특례법위반(치사)
Text

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

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 K3 car.

On May 14, 2020, the Defendant driven the said K3 car at a speed of about 88km from the direction of the E University to the F Hospital by driving the said K3 car at the speed of about 22:45, the two-lanes in front of the Dju point in the net City C.

At the time of night, she she is placed at the speed of 50 km, and there is a duty of care to drive safely by thoroughly and complying with the restricted speed.

Nevertheless, the Defendant neglected this and caused the limit speed to go beyond about 38 km per hour, and caused the victim's head to go on the road on the road by facing the body part of the victim G (the south and the age of 25) who crosses the road along the crosswalk to the right side of the road from the left side of the road in the direction of the defendant's running of the crosswalk, and facing the victim's head to go beyond the direction of the road.

Ultimately, at around 23:11 of the same day, the Defendant caused the death of the victim due to the occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. 교통사고보고⑴⑵

1. A corpse of corpse;

1. Application of the statutes on traffic accident analysis;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [special person] - the mitigation element: The reduction scope of punishment [the scope of the recommended and recommended punishment], the reduction area of punishment [the grounds for suspension of execution], the imprisonment without prison labor for April to one year [the grounds for suspension of execution] - The principal reasons for suspension of execution: In the case of death, the suspension of the execution of imprisonment without prison labor for general pride:

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