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(영문) 광주지방법원 2015.07.02 2015고단1230

교통사고처리특례법위반

Text

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

2. Provided, That 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 of C1 ton cargo vehicles.

On March 4, 2015, the Defendant driven the above vehicle on March 4, 2015, and led the front road of the Geumho Thodong to a about 40 km speed in the direction of the e-mail in the direction of the e-mail of the East-gu, Gwangju, along with three lanes in the direction of the e-mail.

At the time, since the person engaged in driving service is a new wall, there was a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right of the person engaged in driving service and accurately manipulating the steering direction and the brake system.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim into the front part of the driving vehicle of the Defendant, who dried the crosswalk on the right side from the left side of the running direction of the Defendant, to the right side of the victim D, which opened the crosswalk on the right side of the crosswalk, and let the victim go beyond the road.

Ultimately, at around 07:05 on the same day, the Defendant caused the death of the victim due to the injury of the external wound ples and external wound at the Jeonnam University Hospital in the 42-gu, Dong-gu, Gwangju, Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the results of speed calculation by means of a practical survey report, a corpse inspection report, internal investigation report (on-site inspection and accident video securing, etc.), skiing mark;

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

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not less than two months or for not more than October, general traffic accidents which are subject to special mitigation areas: In cases where the victims have committed considerable negligence on the occurrence of traffic accidents or the expansion of damage, a penalty surcharge shall not be imposed.

3. Determination of sentence: Victims of the incident in this case for four months of imprisonment without prison labor and two years of suspended execution; and