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(영문) 광주지방법원 순천지원 2015.04.10 2014고단2154

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle at a low price.

On September 20, 2014, the Defendant driven the said car on September 21, 2014, and driven the said car to the luminous company at the breadth of the Jeju-si, Pacific-ri Village at the end of the Jeju-si.

At the same time, it was difficult to view the road at night because the street is not installed as a road around the city village. In such a case, there was a duty of care to reduce the speed and prevent the accident by driving a motor vehicle safely by safe driving the motor vehicle by driving the motor vehicle on the front left and right.

Nevertheless, the defendant neglected this and found the victim E (the age of 80) who is going to go to the center of the road due to negligence, and immediately operated it, but did not reach the right side, and got the back part of the victim's body to go to the road.

On September 20, 2014, the Defendant caused the death of the victim from a sexual roller hospital to multiple, long-term damage, at the time of net 22:30 p.m. at the time of net 221 p.m. due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1 report), a written statement of the person involved in the traffic accident (accident), a survey report on the actual condition of the traffic accident, evidence and photographs of the scene of the traffic accident, investigation report (limited to attaching fluor's vehicle boom images), one CD, and a report on the results of the investigation;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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 (1) of the Criminal Act for providing community service or attending lectures;

1. One month to five years’ imprisonment without prison labor, the scope of applicable sentences in law; and

2. The types of general traffic accidents of the types of traffic accidents of the two types, the scope of recommendations according to the sentencing criteria (the determination of types of traffic accidents);