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(영문) 광주지방법원 2016.03.10 2016고단16

교통사고처리특례법위반

Text

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2015, the Defendant driven the front road of the Donyang-gun, Donyang-gun, in writing, in front of the Donyang-gun, Dondong-ri, with B NF Soon-ri, and proceeded to the Myeon Office of the Myeon in writing from the original right side to the front side of the road.

At the time, at night and where the street is not installed, it was the first-line road. Therefore, while driving a motor vehicle, a person engaged in driving the motor vehicle has a duty of care to safely drive the front left and the right while driving the motor vehicle.

Nevertheless, the Defendant was negligent and proceeded to the same direction on the right side of the running direction of the Defendant’s passenger car.

C Driving, without avoiding the bicycle, received the rear part of the above bicycle to the right side of the front part of the Defendant’s car.

Ultimately, the Defendant caused the victim D, who was on board the back of the said bicycle due to the foregoing occupational negligence, to have the victim D, on November 11, 2015, 16:10, around 42, the previous hospital located in Gwangju Dong-gu, Gwangju, to have pressured cerebral cerebral cerebral cerebral cerebral typhism died.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment without prison labor for up to ten months (the scope of the recommended punishment) for the mitigated area (up to April 10) (up to October) for the mitigated area (up to effort to recover damage) for two types of general traffic accidents;

3. Determination of sentence: A sentence of imprisonment without prison labor for six months, and the fact that the result of the death of the victim for two years in a suspended sentence is disadvantageous;

On the other hand, the defendant's vehicle insurance.