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(영문) 광주지방법원 2012.11.20 2012고단5422
교통사고처리특례법위반
Text

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

However, 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 a rocketing car.

On September 11, 2012, the Defendant driven the above car on September 18, 2012, and led to turn to the left from the west-gu to the Round-dong at an annual intersection.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving service.

Nevertheless, the defendant neglected this and received the bicycle front part of the victim E (year 53) driving, who was left right from the right side of the vehicle of the defendant, who was left right to the straight signal by negligence in violation of the signal, from the right side of the vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as the right timber, the depth of the shoulder part, etc. during the transfer of hospital at around 19:13 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with respect to F;

1. On-site images, such as a traffic accident report, a report on the accident site, photographs of household-victimed vehicles, etc., and a photograph of a black fluore image image;

1. Application of Acts and subordinate statutes concerning autopsys;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of a sentence] Traffic Crime: General traffic accident:

2. Death in traffic accident (special sponsor) - Penalty not for special mitigation (including serious efforts to recover damage), [decision on the recommended area] mitigation area [Scope of recommendation] from April to 10 [general sponsor] - In cases falling under the proviso of Article 3(2) of the General Special School Act, one who is under general mitigation, and other special school regulations, one who is not covered by comprehensive motor vehicle insurance.

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