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(영문) 광주지방법원 2015.07.02 2015고단1349
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a c sealed and frozen vehicle.

On April 7, 2015, the Defendant driving the above vehicle at around 19:00, and driving the four-lane road in front of the E, in Gwangju Northern-gu, at approximately 60km each hour according to the two-lanes from the enclosed I/C room to the modern Motor Triside.

In such cases, a driver of a motor vehicle has a duty of care to thoroughly see the right and the right and the right of the motor vehicle, and accurately operate the steering and brakes, thereby preventing accidents.

Nevertheless, when the defendant neglected to do so, he left the right side of the victim F (75 years of age) who leads the handle to the left side from the right side of the defendant's course to the left side, and crosses the road without permission, the defendant taken the front side of the driver's vehicle and had the victim go beyond the road.

Ultimately, at around 05:04 on April 8, 2015, the Defendant caused the victim to die by a low-quality shock shock from the 365 Joseon University Hospital, as the foregoing occupational negligence was written in Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on a written autopsy;

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 recommendations based on the sentencing guidelines: Imprisonment without prison labor for not more than two months or ten months (the range of recommending punishment): General traffic accidents in the category II (the death of a traffic accident), where there is a substantial fault in causing traffic accidents or expanding damage even for victims (special mitigation).

3. Determination of sentence: A sentence of imprisonment without prison labor for four months, and the fact that a serious result of the death of a victim for one year of suspended sentence occurs is disadvantageous;

On the other hand, the defendant.

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