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(영문) 광주지방법원 2015.11.26 2015고단3639
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On June 12, 2015, the Defendant driven the above vehicle at around 15:30 on June 12, 2015, and landed forest roads in mountain 42, south west west west west west west west west west.

At the time, the above forest road was displayed on the right side, and was a sudden slope that reaches about 30 degrees in the downhill. As such, a person engaged in driving service has a duty of care to safely drive the forest road, such as reducing the speed and preventing collision or fall out of the forest road, by accurately operating the steering gear, brake system, etc. of the vehicle.

Nevertheless, the Defendant, without neglecting such duty of care, immediately landed the above forest road, and caused the Defendant’s vehicle to have the words on the left side of the direction of the proceeding cut to the right side after receiving the words on the left side of the direction of the proceeding.

Ultimately, around August 1, 2015, at around 04:10 on August 1, 2015, the Defendant caused the victim C (the age of 89) who was accompanied by the Defendant’s occupational negligence to die with waste collection due to cryp fry and frying in the future 21 hospital located in Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an accident site photograph, actual survey report, and 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not more than four months and not more than October, and the area of special mitigation for mitigation (4 to October) of the mitigation area (the resulting in a traffic accident) of the types of general traffic accidents;

2. Determination of sentence: April of a credit cooperative, two years of a stay of execution, and other accuseds.

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