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(영문) 광주지방법원 2015.08.20 2015고단728
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On December 16, 2014, the Defendant driven CK5 car as a business on December 16:25, 2014, and proceeded at a point 103.8km (netal direction) of the Honam Highway located in the Hannam-Seoul Metropolitan City Yong-do Yong-do at a speed of about 100km per hour among the two-lanes in order to go at a speed of 100km per hour among the two-lanes.

In such a case, a person engaged in driving service has a duty of care to prevent accidents by accurately operating and accelerating the steering gear and brakes of the vehicle and to prevent accidents.

Nevertheless, the Defendant, by occupational negligence while driving a bend road with no speed at a speed, turned off the said car from one to two lanes, and was proceeding two lanes at that time, followed by the driving seat of D Kac Truck, and received the said part of the freight space as the front fronter of the K5 car operation.

Ultimately, the Defendant caused the victim E (the age of 18) who was on the top of the operation of the said K5 car by occupational negligence as above, to suffer from the string of the shoulder part of the shoulder pipe, and caused the death of a low-blood shock at a high-tech general hospital near the 17:16th day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written result of autopsy;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing CCTV on expressway;

1. Grounds for sentencing under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 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 of imprisonment without prison labor: The occurrence of a serious result of the death of a victim for four months, and the bereaved family members of the victim.

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