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(영문) 광주지방법원 2017.07.20 2017고단2069
교통사고처리특례법위반(치사)
Text

The punishment of a defendant shall be determined by a credit cooperative for six 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

On March 31, 2017, the Defendant driven a dpoter tower in Dpoter II on March 11, 2017, and proceeded at a speed of about 83.7km to 89.1km in speed, depending on one lane in the direction of the 30-lane from the direction of the direction of the direction of the 3-lane in the southwest-west apartment.

At this time, there was a flow of view by underground vehicular road, and the speed limit was 60km per hour, and thus, there was a duty of care not to drive a motor vehicle at a speed, method, etc. that may cause any danger and obstacle to others according to road traffic situation and the structure and performance of the motor vehicle while complying with the speed limit and accurately operating the steering gear, brakes, and other devices of the motor vehicle, and making the traffic situation of the front right right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant, while driving at a speed exceeding 23.7km to 29.1km per hour, was negligent in neglecting the front speed, found late after the driving of the victim E (81) driving in the same direction on the same lane as the front line of the said tower, and received the rear part of the said rupture.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as low-blood shock (proof) at around 11:57 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports on traffic accidents (1, 2, and actual survey report);

1. Evidence and photographs of the traffic accident scene;

1. A death certificate and a written report of autopsy;

1. A comprehensive analysis of traffic accidents;

1. Application of the Acts and subordinate statutes by capturing CCTV image data;

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. The scope of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment) shall be the type of general traffic accidents.

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