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(영문) 광주지방법원 2016.01.28 2015고단4882

교통사고처리특례법위반

Text

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

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On September 17, 2015, the Defendant driven B cargo vehicles around 11:05, and proceeded to the right side of the Defendant’s course from the left side of the direction of the village where he was negligent in performing his duty of care on the front side of the mountain village in the direction of his own distance, while driving ahead of the mountain village in the direction of his own distance from the village direction.

C Driving the upper part of the right side of the D Driving is shocked by the cargo vehicle driven by the Defendant, and the victim E (65 years old) who was on the damaged vehicle was on board the damaged vehicle, caused the victim E (65 years old) who was on board the damaged vehicle to die due to a serious depression in the Young-gun, Young-gun, Young-gun, and the 3rd (3 years old) of the same day at the Young-gu, Young-gun, Young-gun, Young-

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of traffic accident reports, death diagnosis reports, and on-site photographs-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines: Persons who are subject to special mitigation in the mitigation area of traffic accidents in the range of two types of general traffic accidents from April to October of the credit cooperative: Persons who are not subject to punishment;

2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances following the suspension of execution of imprisonment without prison labor for not less than four months, and the following circumstances:

Unfavorable circumstances: The victim dies and the result of damage is very serious.

In favorable circumstances: The bereaved family members of the victim and the bereaved family members of the victim do not want the punishment of the defendant.

Defendant

Driving vehicles are covered by comprehensive motor vehicle insurance.

There is no other punishment force except for one fine due to a violation of the Road Traffic Act (unlicensed Driving).