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(영문) 광주지방법원 2012.11.08 2012고단4518

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a BMW car.

On July 14, 2012, the Defendant driven the said car at a speed of 40 km per hour from the distance of wind, driving the road of three lanes in front of Gwangju Seo-gu to the speed of 40 km per hour from the distance of wind.

At night, since the road level was suck down due to the cost of night-time, there was a duty of care to reduce the speed and prevent the accident by safe driving by safe driving of the motor vehicle.

Nevertheless, the defendant neglected this and failed to find out the victim D (at 48 years of age) and received the part of the victim's bridge as the front part of the said car without finding the victim D (at 48 years of age).

Ultimately, around 00:40 on July 15, 2012, the Defendant caused the death of a victim who was receiving treatment at the second-patient's hospital in the Dong-gu E Hospital on July 15, 2012 due to the above occupational negligence by pressure on brain.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and photographs of the scene of accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of a sentence] Traffic Crime: General traffic accident:

2. Death in a traffic accident (special sponsor) - If the victim of a special mitigation is negligent due to considerable negligence in the occurrence of a traffic accident or the expansion of damage, she shall not be punished (including efforts to recover the damage), [decision on the recommended area] special mitigation [the scope of recommendation] from February to October [the general sponsor] - Insponsor who has subscribed to the comprehensive motor vehicle insurance as a general mitigation.