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(영문) 광주지방법원 해남지원 2019.05.30 2019고단94
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 becomes final and conclusive.

Reasons

Punishment of the crime

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

On January 30, 2019, the Defendant driven the said car at a speed of 19:08, and proceeded with one lane in front of the Diplomatic Association in the Donnam-do C, Jeonnam-do, at a ethic ethic ethic ethic ethic ethic ethic ethic ethic e

Since there is a strong slope road, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system by reducing speed and properly seeing the front direction and the right and the right of the driver.

Nevertheless, the defendant neglected to do so and followed the victim E (the age of 82) with the front penter and slicker part of the car in front of the right side.

Ultimately, around February 1, 2019, the Defendant caused the death of the victim at G Hospital located in Gwangju Dong-gu, Gwangju, by pressure on brain, etc., in light of the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing the scene photographs of the accident, survey photographs of the scene of the accident, and photo of the deceased;

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;

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

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of traffic accident (special-speed person]: Reduction element of punishment: Reduction area of reduction of punishment (the scope of recommendation area and recommendation area], reduction area of punishment, and April through one year;

3. Determination of sentence: 8 months of imprisonment without prison labor and 2 years of suspended sentence, the occurrence of a serious consequence of the victim’s death.

However, the defendant recognizes and reflects the crime.

The defendant agrees with the bereaved family members.

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