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(영문) 광주지방법원 2015.06.04 2015고단772

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On November 11, 2013, the Defendant driving of Dokya and Dokya in B as part of work around 11:50, and led the front side of Gwangju Northern-gu C to go back on the side side of the Enmark.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate steering devices and brakes and safely drive them and prevent accidents in advance.

Nevertheless, the Defendant neglected this and did not properly look at the rear side, and had the victim go beyond the floor by taking the body side of the victim D (W, 88 years old) who was walking to the rear side of the said cargo from that time.

On January 22, 2015, the Defendant caused the death of the victim due to transfer of brain ties, etc. to another E hospital, which had been receiving treatment at a nearby E hospital due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of death diagnosis reports, actual condition survey reports, and Acts and subordinate statutes governing the scene of traffic accidents;

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;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment without prison labor for a period between April and October, general traffic accidents in the area of mitigation area: A person who is subject to special mitigation in the area of mitigation of traffic accidents: A person who is not subject to punishment.

3. Determination of sentence: The result of the death of the victim by the accident in this case for four months of imprisonment without prison labor and two years of suspended execution, but the result of the damage is significant; the victim's life and the result of the damage seems to have increased; the degree of negligence of the defendant; the degree of negligence of the defendant; and other age, character and conduct, circumstances of the crime, and circumstances after the crime, etc.