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(영문) 광주지방법원 2016.02.04 2015고단4872

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above sentence 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 a motor vehicle in D. D.

On November 8, 2015, the Defendant driven the above car at around 06:40, and driven the two-lane road in Gwangju Northern-gu E, according to two-lanes from the direction of Gwangju Northern-gu to the west of the Jeonnam University.

Since a crosswalk has been installed, there was a duty of care to safely proceed with the accident by checking whether a person engaged in driving the vehicle is a person standing the crosswalk, and thus preventing the accident.

Nevertheless, the Defendant did not discover the Victim F (78) who was standing on the right side of the Defendant’s driving direction by negligence while neglecting this, and did not discover the Victim F (78) who was standing on the right side of the Defendant’s driving direction, and received the victim as the front-hand part of the said car.

Ultimately, the Defendant caused the death of the victimized person at the Joseon University Hospital located in Gwangju Dong-gu, Gwangju, by occupational negligence at around 09:02, on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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. 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 punishment according to the sentencing guidelines: Imprisonment without prison labor for up to ten months (the scope of the recommended punishment) for the mitigated area (up to April 10) (up to October) for the mitigated area (up to effort to recover damage) for two types of general traffic accidents;

3. Determination of sentence: A sentence of imprisonment without prison labor for eight months, the fact that a result of the death of a victim for two years has occurred, and the defendant shocks the victim who dried the crosswalk and is disadvantageous to the defendant's negligence.

On the other hand, the victim's bereaved family members agree with the victim's bereaved family members.