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(영문) 광주지방법원목포지원 2020.10.13 2020고단602
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a person who drives a EXE car.

On November 06, 2019, the Defendant driven the above vehicle volume at around 06:25, and was driving the Djun Station in C at the time of Franpo City along the three-lanes from the direction of the Franpo Police Station to the direction of the Franpo Police Station.

There are four-lanes where the central line is installed, and since the speed limit is 60 km every hour, a person engaged in the driving of motor vehicles has a duty of care to prevent accidents by complying with the speed and speed limit and operating the steering system and the steering system accurately.

Nevertheless, due to the negligence that caused the limited speed to more than 22.6 km every hour, the part of the victim E (ma, 62 years old) and the front glass of the vehicle driven by the defendant was shocked by the victim E (ma, 62 years old).

Ultimately, due to the above occupational negligence, the Defendant caused the death of the said victim due to the pulmonary brain injury in the G convalescent Hospital located in Sinpo City F on January 6, 2020.

Summary of Evidence

1. Statement of the police statement of the defendant concerning H in the court statement;

1. The application of Acts and subordinate statutes to report the occurrence of a traffic accident, report on the actual situation of the accident, photographs of the scene of the accident, investigation report (Attachment of image of the accident), CDs of the accident moving image, traffic accident analysis and request for vehicle speed investigation, traffic accident analysis, commission of a medical certificate, request for a medical certificate, diagnosis document, investigation report (Hearing of the victim's state-related HH statement), investigation report (Attachment of I interview and additional medical certificate, etc.), report on the occurrence of the traffic accident and proposing direction, report on the occurrence of the accident and internal investigation report (Attachment of electronic appraisal

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall be limited to traffic crimes;

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