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(영문) 광주지방법원 순천지원 2021.02.17 2020고단2771
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Criminal facts

On August 23, 2020, the Defendant is a person who is engaged in driving a car in the B, and around 17:40 on August 23, 2020, the Defendant was driving a car in the above-mentioned 160-day-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri,

At this point, the one-lane of the bend section was the one-lane road in the direction direction, and the victim C(39 taxes, son) was driving the kidon in the front direction direction.

In this case, there was a duty of care to prevent accidents in advance by reducing speed and accurately operating the steering system, brakes and other devices of the vehicle, and reporting the traffic situation well and safely.

However, the defendant neglected the above duty of care and caused the victim to go beyond the center line on the left-hand side of the victim's over the upper-hand side of the vehicle above the upper-hand side of the above Otoba and transfer the above Otoba and go beyond the victim.

The Defendant caused the death of the victim due to the foregoing occupational negligence at the pre-university hospital located in Gwangju-dong-ro 42 around August 14:19, 2020, the pre-university hospital located in Gwangju-dong-dong-gu, Gwangju-gu, caused the death of the victim due to the exposure to the external prop.

Summary of Evidence

1. Examination of the death of the police report on the defendant's legal statement D, the investigation report on the autopsy (the analysis of the black stuffs) and the investigation report - the confirmation of the black stuff images;

1. Application of the actual survey report, evidence on the scene of traffic accidents, and Acts and subordinate statutes governing photographs;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended punishment [type 2] according to the sentencing guidelines for traffic accidents (type 2], the death of traffic accidents (person who is in special sentencing factors) shall not be punished (damage).

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