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(영문) 광주지방법원 2015.04.23 2015고단192
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CCA110.

On October 18, 2014, at around 18:40, the Defendant promoted the front road of Gwangju Northern-gu D along the two-lanes of the one-lane road from the new middle school room to the one-lane of the two-lane roads from the new middle school.

There are coffee stores, parks, etc. in both sides of roads.

Since there is a delivery where people move frequently, in such cases, there was a duty of care to prevent accidents, such as safe driving, etc., by checking well the front left left by a person engaged in driving of a motor vehicle.

Nevertheless, the defendant neglected to do so and led to the negligence of proceeding the victim E (71 years of age, female) who crosses the road from the right side of the defendant's proceeding direction to the left side of the road, was completely shocked by the defendant's driving.

Ultimately, the Defendant caused the death of the victim by occupational negligence at an emergency department of the Jeonnam University located in the Jeonnam University-ro 42 in Gwangjudong-gu, Gwangju, where transmission treatment was conducted around 00:28 on October 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the practical survey report, death diagnosis report, evidence photographing statutes;

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 punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentencing guidelines: From April to October of imprisonment without prison labor.

3. Determination of sentence: Determination of sentence of imprisonment without prison labor for six months and two years of suspended execution as the result of the death of the victim, but the result of the damage is important; the defendant reflects the mistake in depth; the defendant does not have any previous conviction; and the victim's bereaved family is insured in the liability insurance.

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