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(영문) 광주지방법원 2017.11.16 2017고단4200
교통사고처리특례법위반(치사)
Text

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

However, the above sentence shall be executed for a period of 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 rocketing car.

On April 30, 2017, the Defendant driven the above car on April 30, 2017, and proceeded two laness in front of the E cafeteria located in Gwangju Northern-gu D, with a speed of about 45 km in the direction of the distance of masssan post offices in the direction of the high-tech two lanes.

It is a point where the speed limit is 30 km per hour, so in such a case, there was a duty of care to prevent accidents in advance by driving safely by observing the speed while driving safely.

Nevertheless, the defendant's negligence going beyond the limit speed and caused the victim F, who walked on the right side of the defendant's proceeding, to go beyond the road by shocking the above defendant's driver's vehicle after the steering of the driver's vehicle.

Ultimately, around May 26, 2017, the Defendant caused the victim to die with pressure on brain at a pre-existing university hospital around 01:27, by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report (1, 2), on-site photographs, etc.;

1. A medical opinion and a death diagnosis report;

1. Protocol of inspection;

1. Application of the statutes sent for 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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Where the victim was negligent in causing traffic accidents or expanding damage, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall be limited to the range of the recommended punishment [the scope of the recommended punishment] general traffic accidents in the area of special mitigation (the period between February and one year) (the special mitigation person], and the victim was not punished;

2. Following the decision of sentence, the Defendant’s age, sex, environment, and the background and result of the instant crime.

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