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(영문) 광주지방법원 2015.11.19 2015고단3382
교통사고처리특례법위반
Text

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

3.

Reasons

Punishment of the crime

On July 1, 2015, the Defendant driving a motorcycle BCA 110 motorcycle around 19:50, and led to the progress of the Dreging adjacent to the Dreging station located in Gwangju Seo-gu, Seo-gu, in the 518 Park 518 Park.

Since there are narrow a narrow slopings where people are frequent in the surrounding area, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving on the front side and the left side.

Nevertheless, the Defendant neglected to do so and took part in the victim E (n, 64 years of age) who was crossing the said alley at the front bank due to negligence, and caused the death of the victim at a shipbuilding university hospital located in Gwangju-gu, Gwangju-gu, on July 2, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to survey reports on actual condition, photographs on accident site, and 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment without prison labor for a period between April and October, and the special mitigation area (from April to October) of the mitigation area (the death of a traffic accident) of the types of general traffic accidents: No penalty shall be imposed;

2. Determination of sentence: The sentence shall be determined in the same manner as the order, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of the crime and circumstances after the crime, etc., for six months of imprisonment without prison labor or two years of suspended execution, and

A disadvantageous condition: The victim dies and the result of the damage is serious.

The favorable circumstances are considered as a first offense, and it is against the depth.

The bereaved family members and the bereaved family members of the victim do not want the punishment of the defendant by mutual consent.

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