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(영문) 광주지방법원 2015.04.23 2015고단367
교통사고처리특례법위반
Text

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2014, at around 05:15, the Defendant, who is engaged in driving CPoter II trucks, was driving the above truck, and led the roads in front of the e-mail store in Gwangju Northern-gu, to the middle middle-distance outflow from the north-gu Office of North Korea.

At the time, when the victim F (the age of 84) was at night and where the walking of people is frequent, the above road without permission from the right side of the defendant's running direction. Thus, the defendant engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle so as not to shock the victim by reducing speed and checking well the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to take part in the victim’s face and body part into front part of the truck right side of the Defendant, and caused the victim to obtain multiple long-term transfusions on the ground. At around 07:05 on December 9, 2014, the Defendant was under medical treatment at a shipbuilding university hospital located in Gwangju-gu, Gwangju-gu, and caused low blood transfusion shocks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs of each accident site;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] In the event that the victim was at considerable negligence in the area of special mitigation (two to ten months) (special mitigation) (including efforts to recover damage) of the type of traffic accident or the expansion of damage, a decision not to punish the victim (including voluntary efforts to mitigate damage) [decision of a sentence] resulted in the serious result of the victim's death due to the instant accident, but the defendant did not have any other criminal record nor was punished for the same kind of crime, in addition to the punishment imposed for a violation of the Punishment of Violence, etc. Act in 197 and 196.

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