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(영문) 광주지방법원 2015.08.27 2015고단2196

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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B-C-C-C-C-C-C-C-C-P-

On March 24, 2015, at around 09:40, the Defendant driven the above van, and proceeded with the roads in Gwangjubuk-gu C Apartment at the entrance of the above apartment at about 20 km from the apartment to the D childcare center at the direction of the above apartment.

It is a road in an apartment complex with frequent passage of vehicles and people, and a yellow solid line is located, so there is a duty of care to protect the car line for those engaged in driving service and prevent accidents in advance by keeping the car line and by keeping it well.

Nevertheless, the defendant neglected this and found the car coming from the left turn due to the negligence of the defendant's failure and caused the victim E (1) who was on board the above van to go beyond the floor of the string.

Ultimately, around March 25, 2015, the Defendant caused the death of the victim due to such occupational negligence by pressure on brain in the emergency room of the Joseon University Hospital located in the 365 Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment without prison labor for not less than four months nor more than ten months (the range of recommending punishment) shall be the mitigated area (4-10 months) (including specially mitigated persons) (including efforts to recover damage).

3. Determination of sentence: A decision of sentence of imprisonment without prison labor for six months, suspended execution for two years, that a serious result of the death of young children aboard a vehicle by negligence of a defendant who operated a child-care center bus has occurred, and that of the defendant in 1984.