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(영문) 광주지방법원 2015.01.15 2014고단4324

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 C-learning car.

On October 11, 2014, the Defendant driven the said car on a business-based basis at around 21:55, and proceeded ahead of the restaurant in Seo-gu Gwangju, Seo-gu into about 50-60 kilometers at a speed of 50-60 kilometers from the e-mail distance to the e-mail distance of 4 lanes. When the Defendant did not well look at the e-mail, the part of the victim F (e.g., aged 41) crossing the road from the right side of the e-mail direction to the left side of the road at the speed of 50-60 kilometers from the e-mail distance from the e-mail to the e-mail distance of 50-60 kilometers. On October 12, 2014, the Defendant took the body part of the said car as the front part of the said vehicle and caused the victim to die by a low blood shock shock generated from the e-university hospital located in Seo-gu, Gwangju-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Application of the respective Acts and subordinate statutes described in the traffic accident report1, the traffic accident report2, and the death diagnosis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. The victim died of the instant accident in the scope of recommendation of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, which is the area of mitigation (from April to October) of the area of general traffic accident (the death of traffic accidents). In light of the significant results, the victim selected a imprisonment without prison labor in consideration of the significant results, but agreed with the bereaved family members of the victim, and the victim was covered by a comprehensive insurance policy. The victim's negligence can be assessed to have contributed to the instant accident due to the occurrence of the occurrence of the instant accident without permission on a four-lane road at night, and the period of punishment shall be set within the scope of recommendation and the execution of imprisonment without prison labor shall be postponed.

It is so decided as per Disposition for the above reasons.