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(영문) 광주지방법원순천지원 2020.08.13 2019고단2780
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On October 10, 2019, the Defendant, who is engaged in driving of the Poter, Postopostopos, and driving of the 17:30 Franchis to drive the 17:30 Franchis, running from the franchisp to the E-section from the franchisp of the franchisp.

At the same time, the limited speed is 40km per hour, and the defendant's vehicle was proceeding on the front side of the road. The victim F (n.e., 82 years old) was driving on the front side of the road along the front side of the road. Since the victim F (n.e., the front side of the road for pedestrian assistance and crossing the said intersection from the front side of the grain storage room to D. In such a case, the defendant engaged in driving of the vehicle is obliged to observe the restricted speed, not to overtake the vehicle, to pay due attention to the traffic in front of the vehicle in front, and to overtake the vehicle in a safe speed and manner such as using the horn according to the road condition.

Nevertheless, the Defendant attempted to overtake the said vehicle at a speed of about 67.9 km at a speed exceeding the restricted speed without due care in the front of the said vehicle in front, and the said vehicle entered the said intersection and collisioned with the said vehicle in front of the said vehicle in front.

Ultimately, the Defendant caused the victim’s death by occupational negligence as a result of brain damage under two joints of the H Hospital located in the Gunam-gun G on October 10, 2019, from the hospital located in the Gunam-gun G on the said occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accident (i.e., actual condition investigation report);

1. Evidence and photographs of the traffic accident scene;

1. A death certificate;

1. Application of the Acts and subordinate statutes of sending a comprehensive 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 types of recommendations according to the sentencing criteria;

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