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(영문) 광주지방법원 순천지원 2015.09.23 2015고단971

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year 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 Cbea cruise car.

On March 27, 2015, the Defendant driven the above vehicle at a speed of 16:30 on March 27, 2015, and led to the left turn at a speed of about 10km or less in speed from the direction of the Hacheon University to the direction of the market for North-do.

The place shall not turn to the left at a place where there is no signal for the left or no signal for the left-hand turn, and even if the left-hand turn is made according to the left-hand turn sign on the road of the snow station, there was a duty of care to properly check the opposite vehicle and proceed with the vehicle that is driven in accordance with the straight line.

Nevertheless, the Defendant neglected this and caused the victim to take the front part of the victim F(33 years of age) driving by using the progress signal from the direction of the Stacheon University in the direction of the opposite medical center in response to the negligence of making a left left turn in contravention of the signal, and caused the victim to write it on the road.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence due to the merger by traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident report, on-site map, on-site investigation report, on-site evidence photographs, on-site evidence photographs, and CCTV video CDs;

1. Each report on investigation;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of recommendations on the sentencing guidelines [decision of types] shall be limited to the range of general traffic accidents (the death of a traffic accident by a special person] (including a serious effort to recover the damage) to be mitigated (the general person): Reduction factors: the comprehensive motor vehicle insurance policy, the serious reflectivity, and the history of criminal punishment (the general person who is a person in a form of punishment).