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(영문) 광주지방법원 목포지원 2016.09.20 2016고단779
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle at D.

On January 5, 2016, the Defendant driven the above car on January 18:15, 2016, and driven the Fjun-gun E in front of the Fjun-gun E, Nam, along the two-lanes from the intersection to the f1 Gyeonggi-do.

On the front of the vehicle driving direction, the victim G and (n, 33 years old) is prior to the 49CC Tech, which is driven by the victim G and (n, 33 years old). In such a case, a person engaged in driving duty has a duty of care to thoroughly operate the front hour, observe the speed limit, and accurately manipulate the steering and brakes so as to prevent accidents from occurring.

Nevertheless, the Defendant neglected this while driving at a limited speed beyond the limit, and did not take measures such as discovering the above lebane which the victim drives by negligence in the course of his duty so that he neglected to do so, and did not immediately drive the lebane, and caused the damaged person to go through the back part of the above lebbba in front of the car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., the brain death from the tin.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the statutes on the delivery of traffic accidents, such as the report of traffic accidents (on-site survey reports), dead body death certificates (G), investigation reports (related to the results of in-depth analysis of the Road Traffic Authority), comprehensive traffic accident analysis reports

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to five years of credit cooperatives;

2. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the scope of the mitigated punishment (the number of months to October) (including the person subject to special mitigation).

3. Determinations and recommendations;

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