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(영문) 광주지방법원 순천지원 2015.05.22 2015고단442
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 B-to-car.

On January 12, 2015, the Defendant driven the above vehicle on January 18:14, 2015, and led to a two-lane prior to the bus stops in green in the net city in order to proceed in the direction of a small sub-section in the direction of the net city.

In this case, a driver of a motor vehicle has a duty of care to observe the speed limit, to live well on the right and the right and the right of the motor vehicle, and to accurately manipulate the steering and brakes so as to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and did not discover the victim C(79 years of age) to the left side of the direction of the road due to the negligence that exceeds the speed of 20km or more per hour, and led the victim to use it on the road by shocking the front part of the vehicle of the Defendant driving.

In the end, the Defendant caused the death of the victim in the same place due to the damage to the cage of cage cage at the left by the occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition of traffic accidents (1) (2);

1. On-site evidentiary photographs;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] general traffic accidents in the following cases: (a) the special mitigation area (two to ten months) (special mitigation area) (including special mitigation persons) has considerable negligence in the occurrence of traffic accidents or the expansion of damage; (b) the victim was not punished (including efforts to recover damage), [the decision of sentence] 6 months without prison labor or 1 year of suspended execution, resulting in the victim’s death seriously.

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