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(영문) 광주지방법원 2015.11.19 2015고단1110
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

On November 18, 2014, the Defendant driven a above van on the 16:25 on November 18, 2014, and turn to the left at an irregular speed by driving the front distance of the E in Gwangju Nam-gu D from the south-gu Seoul metropolitan market.

However, since there are lots of crosswalks installed, the driver has a duty of care to safely operate the crosswalks, such as checking the front direction and the left and right of the driving direction, and checking whether there is a pedestrian.

Nevertheless, the Defendant did not discover the victim F(70 years of age) in the direction of the proceeding with the left side due to the negligence of neglecting such duty of care, and instead did not discover the victim F(F) and received the victim's body skill with the front part of the passenger van driven by the Defendant.

Ultimately, at around 01:13 of the same month, the Defendant caused the death of the victim due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Space

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition (1) and (2);

1. Application of Acts and subordinate statutes of a death certificate;

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 six months, and that results in the death of a victim of two years under a suspended sentence shall be disadvantageous circumstances, or the defendant shall be a victim;

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