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(영문) 광주지방법원 2016.01.14 2015고단4429
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a Dbera cruise car.

On September 11, 2015, the Defendant driven the above car at a speed of about 85 km from the Si/Gu-Eup to the west of the Si/Myeon-gun, the Defendant driven the above car at a speed of about 85 km in front of the “Dong High Village” located in the south of the south of the Young-gun, Young-gun.

At this point, the speed of restriction is 60 km per hour, and the victim E (82 cc) is driving on the right side of the road on the front side of the road, and in such a case, the driver of the motor vehicle has a duty of care to prevent accidents by reducing speed and by properly examining the front side of the road.

Nevertheless, the defendant neglected this and found that the damaged person who was proceeding on the right side of the marina road by the negligence that was going to the right side of the road to block the direction of the defendant's proceeding by moving to the center of the road, and did not plpl up the victim who tried to turn to the left, but did not turn to the left, and received the part of the victim's vehicle in front of the driver's car.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence in the Young-gu General Hospital located in the Young-gun, Young-gun, Nam-gu, South Korea on the same day due to the pulmonary damage, heart damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the actual survey report, death diagnosis report, traffic accident analysis appraisal report, and photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of the recommended punishment according to the sentencing guidelines: Persons who are subject to special mitigation in the mitigation area of traffic accidents in the range of two types of general traffic accidents from April to October of the credit cooperative: Persons who are not subject to punishment;

2. Determination of sentence: Imprisonment without prison labor;

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