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(영문) 광주지방법원 2016.03.10 2015고단4692
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of fishing buses in B.

On September 15, 2015, the Defendant driven the above vehicle at around 07:15, and proceeded to the left turn to the left turn at a non-protective seat line, depending on one lane from the 6nd apartment of the Sungduk Middle School, which is located in the 65-ro of the Gwangju Mine-gu, the head of the Gwangju Mine-gu.

At the time, the Defendant was due to occupational negligence that did not properly examine the front side and did not accurately operate the steering direction and brake system, resulting in the Defendant’s pressure on brain death at the emergency room of the Joseon University Hospital located in Gwangju-gu, Gwangju-gu, on September 20, 2015, by taking the victim C (n'e, 48 years of age) crossing the front side of the Defendant’s vehicle into the front side of the Defendant’s vehicle, and allowing the victim to take the front side of the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) ;

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

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment without prison labor for up to one year and six months (the scope of the recommended punishment) shall be the basic area (up to one year and six months) (up to one year and six months).

3. Determination of sentence of imprisonment without prison labor: The crime of this case committed by the defendant for ten months is to turn to the left immediately in a non-protective zone, and the death of the victim caused by shocking the damaged person at the crosswalk and the result of the negligence and damage of the defendant is significant;

In addition, the bereaved family members of the victim currently wanted to receive or refuse the money deposited by the defendant, and want to punish the defendant significantly, so it is inevitable to sentence the defendant as a sentence.

However, the defendant's vehicles can be considerably recovered from damage caused by being admitted to the bus mutual aid association.

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