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(영문) 광주지방법원 순천지원 2015.10.21 2015고단1727
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a e-cub vehicle B.

On July 30, 2015, the Defendant driven the said car on July 30, 2015, and proceeded along two lanes between the two lanes at a speed equivalent to speed of 100km per hour from the south side to the south side of the road by a space air, if it is located in Goung-gun, Goung-gun.

At the time, since the situation was around at night, there was a duty of care to observe the speed limit to those engaged in driving business and to prevent the accident from occurring due to the prefluence of the accident.

Nevertheless, the defendant did not discover the victim C(40 years of age) who was driving a bicycle in front of the defendant's car and did not find the victim C(40 years of age) who was driving a bicycle in front of the defendant's car at a speed exceeding 15 km per hour, and received the victim's bicycle parts in front of the defendant's right-hand car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the shock, cerebral pressure damage, etc. in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, drug map at the scene of the accident, actual survey report on the traffic accident, and on-site evidence of the traffic accident;

1. A written result of autopsy;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

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

1. Reduction element of Type 2 (Death, etc. of Traffic Accidents) (Special Convict) (Death, etc.) mitigated element): Reduction element after an accident: Relief measures after an accident, comprehensive motor vehicle insurance, subscription to a serious half (general Sentencing) aggravation element: In cases falling under the proviso to Article 3(2) of other special school characteristics Act, repeated crimes are committed.

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