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(영문) 광주지방법원 목포지원 2015.03.30 2015고단140

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On November 15, 2014, the Defendant driven the said car on November 15, 2014, which led to the driving of the said car, along with a one-lane road in the direction of punching from the waterside of the Geumcheon-do at the time of leaving the road in the vicinity of C.

Since there is a bend road and a center line of yellow-ray are installed on the right side, there was a duty of care to safely operate the car with the driver's duty of care by reducing speed and checking the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so and got the front part of the victim E(the age of 48) drive FJS 110 Oba, which was driven on the opposite vehicle line due to the negligence of driving the center line, and received the front part of the victim E(the age of 48) driving from the Defendant’s driving.

The Defendant caused the victim’s death by occupational negligence, at the same time, due to the cardiopulmonary suspension due to two injury.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report (six pages of the evidence record), the evidence of a traffic accident;

1. - A comprehensive traffic accident analysis statement (Evidence No. 98 pages);

1. Application of Acts and subordinate statutes on a written autopsy;

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 (including the following grounds for sentencing)

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. Determination of sentence or suspension of execution does not mean that the defendant's negligence is less severe, and the death of the victim occurred. However, the defendant's negligence is recognized and against his own negligence, the defendant's agreement with the victim's bereaved family, the fact that the defendant is covered by the automobile comprehensive insurance, and the defendant is punished once by a fine, other than punishment.