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(영문) 광주지방법원 목포지원 2016.05.24 2015고단1736

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 carren car.

On November 12, 2015, the Defendant driven the above car at a speed of 20:29, and proceeded with the victim D (68 years old) crossing the above road from the left side of the running direction to the right side of the Defendant, and caused the damage to the front part of the operation of the above car, due to the negligence of neglecting the front direction of the road and failing to properly operate the steering and operating devices, while driving the road in front of the Fagpo-ro Office at a speed of about 45 km from the 2nd square to the 3rd square.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above by causing the death of the victim at the Mapo Korean Hospital located in Mapo-ro 483, Simpo-si, Simpo-si, Mapo-si, Mapo-si, Mapo-si, on November 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on the actual condition of traffic;

1. Application of Acts and subordinate statutes to field and vehicle photographs, death certificate, and black stuffing CDs recording;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under law: One month to five years of credit cooperatives;

2. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing guidelines shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the scope of the special mitigation area (the period between February and October) [the special mitigation person] where there is a considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished (including efforts that have been advanced for recovery from damage).

3. The range of sentence comparison and recommendation: February to October of credit cooperatives;

4. Determination of sentence: Six months of imprisonment without prison labor, and two years of suspension of execution have the record of being punished for the same crime, and the occurrence of a serious result of the victim's death by the accident in this case.