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(영문) 광주지방법원 2016.06.23 2016고단1222
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

On February 6, 2016, the Defendant driven a B car at around 02:45, the Defendant: (a) tried to drive the car on the front side of the car driven in Gwangju Seo-gu, and tried to drive a four-lane road in front of the long-distance street from the seat of the World Cup stadium to the air-sectioning side of the gold chemical, and (b) tried to drive a speed of about 94 km at about the speed of about 60 km, the highest speed of the location of the road, the speed of which exceeds the speed of 60 km; and (c) found the victim C (22 cm) and D (28 cm) without permission due to occupational negligence, who was negligent in performing the duty of care in the front of the car driven by the Defendant, and led the victim C to the death of the victim due to cerebriform surgery at the F Hospital located in Gwangju-gu, Seo-gu, Gwangju, about 02:58 on the same day, and caused the victim to suffer injury to the victim during the middle of the week.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of Acts and subordinate statutes to traffic accident reports, dead bodies, diagnostic certificates, traffic accident analysis reports, and photographs;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the occupation of an occupational and an occupational occupation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of the defendant's age, sex, environment, circumstances of crime, circumstances after the crime, etc., as well as all of the sentencing conditions indicated in the pleadings of this case, the sentence shall be determined as ordered (the sentencing criteria shall not be applicable to crimes of ordinary concurrent crimes). Unfavorable circumstances: One person of the accident of this case dies and one person enters a serious injury, etc.

The defendant's negligence is high in driving the speed exceeding 34 km per hour.

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