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(영문) 광주지방법원 목포지원 2016.07.05 2016고단423

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 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-A-hurd motor vehicle.

On March 2, 2016, the Defendant driven the above vehicle on March 2, 2016, and continued two-lanes of the two-lanes of the entrance of the village in the South Yong-gun green, Youngnam-gun, at the entrance of the village in the Yellow Sea.

Since the signal lights and crosswalks are installed on the front door, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a way to see well the right and the right of the front door and the right and the right, and to safely drive the motor vehicle in accordance with the new code to prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to discover the victim D(7 years old) to the right side from the left side of the Defendant’s vehicle in accordance with the pedestrian signals of the crosswalk and received the part of the victim’s bridge with the front part of the Defendant’s vehicle, because the Defendant violated and proceeded with the signal while the signal was red.

Ultimately, the Defendant caused the victim’s death by occupational negligence on March 3, 2016 through a multi-long-term system due to the booming transfusion after the external wound, which was sent to the Ganpo Korean Hospital on March 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on internal investigation (with respect to the location of an accident);

1. Application of the Acts and subordinate statutes of subparagraph (D) of a traffic accident scene photograph and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. The scope of the recommended punishment for the sentencing guidelines [the scope of the recommended punishment] shall be limited to the range of the punishment [the scope of the recommended punishment] for the category 2 (the death of traffic accidents) (the period from April to one year) [the person subject to special mitigation].