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(영문) 광주지방법원 2015.08.20 2015고단1557
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 21, 2015, the Defendant, at around 23:15, driven the E-learning car on the front side of the Nam-gu Gwangju metropolitan area D, and proceeded to the future 21 hospital.

At the time, a crosswalk is installed at night, and there is a signal, etc., which is a yellow flashing condition, so a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by temporarily stopping or slowly manipulating the front line and accurately operating the steering gear.

Nevertheless, while the Defendant neglected to stop driving the crosswalk, the Defendant did not discover the Victim F (F (F, 35 years old), which was the right side from the left side of the vehicle driving direction of the Defendant’s vehicle, and was led to the victim to the front part of the Defendant’s vehicle.

Ultimately, at around 09:00 on April 23, 2015, the Defendant caused the victim’s death by occupational negligence, at the Joseon University Hospital located in 365, Gwangju-gu, Gwangju-gu, to have a pressure on cerebral pressure due to crymoptysis.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act 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 applicable sentences by law: One month to five years; and

2. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment without prison labor for not less than four months nor more than ten months (the range of recommending punishment) shall be the mitigated area (4-10 months) (including specially mitigated persons) (including efforts to recover damage).

3. Decision of sentence: Imprisonment without prison labor for a limited period of eight months, suspension of execution for two years, community service, 120 hours, and 40 hours of order to attend a lecture led to a serious result of the death of the victim, and the defendant has injured the victim who dried the crosswalk.

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