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(영문) 광주지방법원 2015.07.23 2015고단1443
교통사고처리특례법위반
Text

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

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

On March 12, 2015, the Defendant driven the above vehicle at a speed of 30 to 42km/h (presumed) at a speed of 30 to 42km/h (presumed) per hour from the right edge of the Gwangju National University.

In this case, the driver has a duty of care to check whether there is a person to walk the crosswalk by reducing the speed of the driver and keeping the right and the right and the right of the driver, and to safely drive the crosswalk to prevent the accident by driving it safely.

Nevertheless, when the defendant neglected to do so and proceeds by negligence, the victim E (the age of 49) who crosses the crosswalk from the right side of the defendant's driving vehicle to the left side of the road. The victim exceeded the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the Joseon University Hospital located in Gwangju-gu, Gwangju-gu, with pressure on brain transfusion around April 2, 2015, at around 06:25, according to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the actual condition survey report, on-site evidence photographs, each diagnosis report, death diagnosis report, and response Acts and subordinate statutes requesting appraisal;

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 punishment by law: Not more than five years of imprisonment without prison labor;

2. 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.

3. Determination of sentence: The imprisonment without prison labor for eight months and the suspension of execution for two years shall be as follows:

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