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(영문) 광주지방법원 2016.04.21 2016고단480
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 August 18, 2015, the Defendant driven C4.5 tons of car trucks around 00:3 on August 18, 2015, and proceeded at a speed that is impossible to know in the direction of Gangwon-do along four-lanes of the 81.9km in the direction of the Gangseo-dong Highway, Seocheon-gu, Seocheon-si, Seocheon-si.

At night, since the driver was at night, there was a duty of care to confirm and drive the career safety by checking well the right and the right and the right of the front.

Nevertheless, the Defendant neglected to do so and did not find out that the car of the victim D(36) E-labeled car of the victim D(36) driving was parked due to the preceding accident in which the F 5 tons of the G 5 tons of the F cab was concealed, and proceeded as it is.

Thus, the defendant 1 received the rear part of the above car as the front part of the above 4.5 tons car truck, and caused the victim who was on the site to deal with the accident of the above car.

Ultimately, the Defendant caused the death of a victimized person due to the above occupational negligence on the same day due to the scarcity scarcity damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes to dead bodies;

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 general traffic accidents in the area of special mitigation (up to 10 months) (up to 2 months for special mitigation) (up to 10 months for victims) for the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including serious efforts to recover damage).

3. The case where the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc. is considered as follows:

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