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(영문) 광주지방법원 2017.01.24 2016고단4949
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 Bmer truck.

On August 25, 2016, the Defendant driven the above vehicle at a speed of 07:57, and transferred the intersection in front of the bus stop located in the 1-ro south of the Nam-Eup, Chungcheongnam-do at the time of leaving the port at a speed that cannot be seen as the area of the middle school between South and North.

At the time, since the bicycle driving on the right side of the defendant driving vehicle was in progress, there was a duty of care to prevent accidents, starting from the point of time after checking the right and the right of before and after the driver of the vehicle.

Nevertheless, the Defendant neglected that and caused the negligence of bypassing it to the right side of the driving vehicle, brought the victim C's bicycle, who was straight from the front side of the Defendant's driving vehicle, to the front side of the Defendant's driving vehicle, was brought to the front side of the Defendant's driving vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the plelarging, the long-term damage to the clothes on the same day.

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 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.

A disadvantageous normal relationship: A victim.

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