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(영문) 광주지방법원 순천지원 2020.05.27 2019고단3245
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a passenger car in B SP area.

On October 26, 2019, the Defendant driven the above vehicle on October 26, 2019, and driven the two-lane road in front of the D convenience point in C at the time of leisure, at a speed of about 78 km per hour from E to Fside, depending on the two-lanes.

Since there is a road with a restricted speed of 50km, a driver engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and safely driving the motor vehicle by checking well the front left.

Nevertheless, the Defendant neglected this and neglected his duty to see the speed exceeding 28 km per hour, and neglected his duty to see the speed in front of the direction of the Defendant, and did not see the victim G G(79 years old) driving by changing the lane from the two-lanes to the one-lanes in the direction of the Defendant’s operation, and continued as it is, the Defendant’s failure to see the victim G (79 years old) driving by changing the lane from the two-lanes in the direction of

Ultimately, the Defendant caused the victim’s death by occupational negligence as seen above, at around 09:07 on the same day, at the J Hospital located in Sa in Sari-si I, due to multiple traumas.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. A report on internal investigation (verification of a video recording of a motor vehicle boom box) (a video recording of a motor vehicle boom box), a photographer video recording room;

1. A death certificate;

1. A report on investigation (Attachment of distressed images) and a CD;

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. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2] - Death of traffic accidents (special sponsor] - mitigated factors:

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