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(영문) 광주지방법원 2015.11.12 2015고단3846
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a salary class B and a third cargo vehicle.

At around 16:40 on July 28, 2015, the Defendant driven the above cargo vehicle at a speed of about 102km/h of speed from the duyang-Eup to Gwangju, using one lane a two-lane road in front of the Masan-gun's high-speed high-speed distance on the north of the Yyang-gun.

Since there is a road with a maximum speed of 80km/h, there was a duty of care to prevent accidents in advance by making it possible for a person engaged in driving a motor vehicle to live well, and complying with the restricted speed.

Nevertheless, the defendant, while driving a limited speed exceeding about 20 km/h in speed, was found from the front side to the front side of the victim C(60 years of age) who changed the lanes from the two lanes to the one-lane, and was found late due to the fault of the defendant's cargo front side of the victim's bicycle and caused the victim to fall off on the road.

Ultimately, around July 28, 2015, around 17:35, the Defendant caused the death of the victim by occupational negligence at the E Hospital located in Yangyang-gun D, Yangyang-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1), (2);

1. A death certificate;

1. Application of Acts and subordinate statutes to report internal affairs (the presumption of speed by attaching field photographs and skiing marks);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment without prison labor for not less than four months nor more than ten months (the range of recommending punishment) shall be the mitigated area (4-10 months) (including specially mitigated persons) (including efforts to recover damage).

3. Determination of sentence: The fact that eight months of imprisonment without prison labor, the fact that a serious result of the death of a victim for two years of suspended sentence has occurred, and the defendant.

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