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광주지방법원 2017.01.19 2016고단5480
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above sentence 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 non-designated car B.

At around 12:50 on November 2, 2016, the Defendant driven the first line road in front of the club members located in the Dong-dong of Gwangju Mine-gu, and proceeded to the branch of the Agricultural Cooperative of the Republic of Korea on the south East-dong Village.

Since there is a string way to the right side, there was a duty of care to prevent accidents in advance by accurately manipulating the entire, rear, left, and well by a person engaged in driving of a motor vehicle, and by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant did not properly state the front side and got the back wheel part of the bicycle driven by Defendant C ( South, 80 years old) which was driven at the front side of the car driving by Defendant’s negligence while driving the front side, and went beyond the victim.

Ultimately, the Defendant’s occupational negligence in the same month.

3. 02:40 Death was caused by serious brain injury, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) a actual survey report;

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

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. 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 the recommended punishment according to the sentencing guidelines: Imprisonment without prison labor for up to one year (the scope of the recommended punishment) from four months to one year (the scope of the recommended punishment) for the mitigation area (up to one year from April to one year) for the types of general traffic accidents (up to April).

3. The sentence shall be determined as ordered in light of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., in the major normal relationship to be considered below the sentence.

Normal relationship: the victim dies.

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