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(영문) 광주지방법원 순천지원 2020.06.11 2020고단553
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a sports cargo vehicle.

On December 28, 2019, the Defendant driven the above cargo vehicle at a speed of about 83.5 km from D to Goung-gun, Goung-gun, Goung-gun, the first line of which was driven by the Defendant, at a speed of about 83.5 km from D to Goung-gun, Goung-gun.

At the time, it was difficult to keep the surrounding areas at night, and there is a road at a speed of 60 km per hour. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by reducing the speed of the motor vehicle and properly manipulating the brake and steering gear, and driving the brake and steering gear accurately.

Nevertheless, the Defendant neglected this and found the victim E (the 60-year old) who was walking along the above road at the front direction of the cargo vehicle at the time at the speed of about 23.5 km, due to negligence of neglecting the speed of the front direction and driving over the speed of the speed of 23.5 km, and did not go to the opposite direction, but did not go to the front direction of the above cargo vehicle, and received the victim's body flow from the front direction of the above cargo vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence as seen above, at around 07:21 the same day, G Hospital located in the F of the Gosong-gun Seoul High-gun.

Summary of Evidence

1. Defendant's legal statement;

1. 교통사고보고⑴⑵(실황조사서)

1. Application of Acts and subordinate statutes to death certificate (E);

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 range of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 2] - the death of a traffic accident (the special person) - the mitigation element: the victim is also at fault (the walking along the carway) due to the occurrence of the traffic accident.

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