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(영문) 광주지방법원 2015.06.11 2015고단624
교통사고처리특례법위반
Text

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

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

At around 23:20 on February 13, 2015, the Defendant driven a rocketing taxi in front of the D station in Gwangju Northern-gu, and proceeded to the latter from the Road Traffic Authority to the frontwest of the Road Traffic Authority.

At the time, it was at night, and it is a three-distance intersection, so a person engaged in driving a motor vehicle has a duty of care to safely operate the front line by accurately operating the steering system while driving the motor vehicle.

Nevertheless, when the Defendant neglected to do so and proceeded as it is, the Defendant did not discover the Victim F (F) who dried up the road from the left side of the Defendant’s course to the right side of the road, and received the victim in front of the Defendant taxi.

Ultimately, around February 14, 2015, the Defendant: (a) caused the victim’s death by occupational negligence, at the Jeonnam University Hospital located in the Dong-gu Gwangju-ro 42, Dong-gu, Gwangju, to cause the victim to have a pressure on cerebral cerebral cerebral cerebral typha, and caused the victim’s death.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of the Act and subordinate statutes governing one CD for video storage;

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

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

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

2. Scope of recommendations according to the sentencing guidelines: Where there is a substantial fault in the occurrence of a traffic accident or the expansion of damage to a victim, even though the victim is in the mitigated area (4 to 10 months) of the type (4 to 10 months) of the general traffic accident (the scope of recommendations) of the imprisonment without prison labor for four months and ten months (the scope of recommendations);

3. Determination of sentence: A sentence of imprisonment without prison labor for not less than ten months, a suspended sentence of two years, a probation, a community service, and an order to attend a lecture for not more than 80 hours has occurred, and the defendant has died.

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