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(영문) 광주지방법원 2015.10.22 2015고단3319
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 a BMW car.

On July 10, 2015, the Defendant driven the above car on July 10, 2015, while driving it on the 10:44, and coming to the direction of the Gu road from the 3rd side of the Cuk Cuk-ri, which is located in the Cuk-ri, Yellow-ri.

In this case, a person engaged in the driving duty of a motor vehicle has a duty of care to temporarily stop the motor vehicle before entering the intersection and to safely drive the motor vehicle and prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded with the above intersection due to the negligence of the Defendant’s failure, which led to the front part of the above BMW car by the victim E (the 41-year-old driver’s seat of the 201-year-old driver’s car) driving on the ground from the direction of the west-ri in accordance with the yellow-ri No. 1958.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from the 365 in the emergency department of the shipbuilding hospital located in the Gu of Gwangju-gu, Gwangju-gu, where the victim was under a post-transmission treatment at around 13:55 on the same day, due to the mathromatic damage caused by the mathum and the low-blood shock shock caused by the mathical surgery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of statutes to the actual survey report, traffic accident evidence and photographs, and death diagnosis report;

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 of the community service order;

1. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment without prison labor for a period between April and October, general traffic accidents in the area of mitigation area: A person who is subject to special mitigation in the area of mitigation of traffic accidents: A person who is not subject to punishment; and

2. Determination of sentence: April of a credit cooperative, the period of suspension of execution of two years as follows, and the age, character and conduct, environment, circumstances of crimes, etc. of a defendant, and circumstances after committing a crime.

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