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(영문) 광주지방법원 장흥지원 2014.12.18 2014고단173
교통사고처리특례법위반
Text

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

except that the execution of the above punishment 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 engaging in driving a rocketing car.

On September 27, 2014, at around 05:55 on September 27, 2014, the Defendant driven the said car and proceeded two lanes in front of the Emburgian Emburgian Republic D, Seoul, along the two-lanes from the Busan, along the parallel distance, and changed the two-lanes into the one-lane.

At the time, it was difficult to keep the vehicle in the vicinity before sunrise. In such a case, there was a duty of care to prevent accidents, such as making a person engaged in driving of a motor vehicle abundance and left and left well, and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and changed the way of driving on the road as a result of the negligence of changing the way of driving on the road. However, the Defendant received the back part of the GOE which was driven by the Victim F (V, 66 years old) prior to the said one, from the front part of the said GOE, and had it go beyond the road.

Ultimately, the Defendant caused the victim to die due to the death of the victim due to divessis and long-term damage at a H hospital located in the same Eup on the same day at around 07:20 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General traffic accidents, Type 2 (Death Caused by Traffic Accidents), mitigated area (from April to October) (Special Mitigation) [Pronouncement Decision], 6 months of imprisonment without prison labor, and year of suspended sentence 2 years of death of the victim, but there were serious damage caused by the victim. However, the defendant's mistake is recognized and is in depth against the defendant, the victim's failure to punish the defendant, the fact that the victim was in agreement with the victim, the fact that the victim was not punished, the fact that the victim was subscribed to motor vehicle insurance,

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