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(영문) 광주지방법원 2016.01.21 2015고단4630
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 drives a 5 tonesbane truck as his/her duties.

On May 5, 2015, the Defendant driven the above vehicle at a speed of about 75km/h of speed, depending on two lanes from the side of the D factory in Pyeongtaek-si C, along the two-lanes to the side of the D factory in Pyeongtaek-si C.

Since there was no streetlight, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely operating the steering and steering the steering system and operating it in a safe manner.

Nevertheless, the Defendant neglected this and operated in the same lane on the part of the victim E (mae, 52 years old) who is driving in the same lane, and brupted the same part as the front part of the driver's seat of the Defendant, and caused the Defendant to go beyond teex.

Ultimately, the Defendant caused the death of the victim by taking the victim as a private person by directly taking the cage at cage cages and frys at around 23:04 on May 5, 2015 by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 ten months (the scope of the recommended punishment) for the mitigated area (up to April 10) (up to October) for the mitigated area (up to effort to recover damage) for two types of general traffic accidents;

3. Determination of sentence: A sentence of imprisonment without prison labor for four months, the fact that a serious result of the death of a victim for one year in a suspended sentence has occurred is unfavorable; however, at night, it is not easy for the defendant to detect the victim's vehicle because it does not turn back the back of the victim's vehicle, and the defendant appears not to be easy.

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