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(영문) 광주지방법원 순천지원 2015.05.15 2015고단383
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a PP car.

On January 14, 2015, the Defendant driven the said car at a speed of about 70 km per hour according to the first line, with the 3-lane road from the marg of container shooting distance to the marg of large distance, after driving the said car at a speed of about 18:20 meters.

At the time, a crosswalk is installed around the front, and there is no signal signal, so the Defendant engaged in driving service has a duty of care to safely drive the crosswalk by reducing the speed in advance and by properly examining the front left.

Nevertheless, the Defendant neglected to do so, and was negligent in the course of the duty while driving in a state where he neglected to reduce speed and neglected to do so, and received the parts of the body part of the victim C(W, 74 years old) with the left side of the direction of the Defendant’s running, which was the front part of the said car.

The Defendant caused the death of the victim on the job due to the above occupational negligence due to the depression of his clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police made to D, E, and F;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. On-site photographs;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending sentence] of the Act on the Suspension of Execution [the grounds for both types of general traffic accidents [the scope of recommending sentence] general traffic accidents in the area of mitigation (4 to 10 months), [including special mitigation] of punishment (including efforts to recover from damage] [the decision of sentence] six months in imprisonment without prison labor], the suspension of execution of two years in case of the death of the victim due to the instant traffic accident in this case, which resulted in a serious result, and the defendant has the duty to keep the victim at the crosswalk.

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