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(영문) 광주지방법원 2016.11.24 2016고단4068

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving a observer car B.

On February 26, 2016, the Defendant driven the said car at a speed of about 120km/h, depending on two lanes, driving the said car at a distance of about 120km/h, depending on two lanes, where it is located in the west-gun, Seocheon-gun, Seocheon-gun, Seocheon-gu, Seocheon-do, in the direction of publication of the coast Highway (Hand line) 173km.

In such cases, a person engaged in driving service has a duty of care to safely drive while accurately operating the system of operation and steering.

Nevertheless, the Defendant neglected this and went on at the same lane by negligence, and received the end part of the loading on the left side of the freight vehicle D4.5 tons, which was driven by the victim C (the age of 49) who was driving prior to the same lane, from the right side of the said car.

Ultimately, the Defendant, by such occupational negligence, led to the death of the victim E (V, 19 years of age) who was on board the top of the observer car driven by the Defendant, on March 11, 2016, at the Jeonnam University Hospital located in the 42-ro of Gwangju Dong-gu, Gwangju District, which was under the post-transmission treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 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 a period of four months to one year (the range of recommending punishment) shall be the mitigated area (four months to one year) (including specially mitigated persons) (including serious efforts to recover damage).

3. The age, character and conduct, environment, health conditions, circumstances of the crime and the circumstances leading to the crime in the major normal relationship to be considered below.