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(영문) 광주지방법원 2016.02.25 2015고단4806

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B-B B-II cargo vehicle.

On October 14, 2015, the Defendant driven the above cargo vehicle on October 14, 2015, and driven the two-lane road in the Geumcheon-gu, Geumcheon-si, Geumcheon-si, and the two-lane road in front of the main road in Gwangju Geum-do.

At that time, the passage of a vehicle is frequent, and the time is a new wall, so in such a case, there was a duty of care to prevent accidents in advance by driving the vehicle safely by safely examining the front door and the left and right of the vehicle driver.

Nevertheless, the Defendant neglected to operate the vehicle on the same day as the front part of the above cargo vehicle C (73 tax) which was driven by the victim C (73 tax) who was driving on the same way as the above cargo vehicle due to negligence, and received the rear part of the motor device 110 bicycle for the same day, and caused the death of the victim with a diversified frame and cerebrovassis.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to survey reports on the actual condition, autopsy records, and photographs of the dead body;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines: Persons who are subject to special mitigation in the mitigation area of traffic accidents in the range of two types of general traffic accidents from April to October of the credit cooperative: Persons who are not subject to punishment;

2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the conditions of sentencing specified in the pleadings of the instant case, including six months of imprisonment without prison labor, two years of suspended sentence, and the age, sex, environment, circumstances, circumstances of crimes, and the circumstances after the commission of the instant case.

Unfavorable circumstances: The victim dies and the result of damage is very serious.

Although it does not reach the amount of punishment, it has not reached.