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(영문) 광주지방법원 목포지원 2015.03.05 2015고단24
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 driving a Oralba.

On January 4, 2015, at around 21:15, the Defendant driven the above Oral Ba and proceeded at a speed that is impossible to know from the Raf Apartment apartment site surface to the Bapo Police Station surface, depending on the two-lane road in front of the Jinal Ropo Road, which is a p.m. p.

At night and there are no signal signal at a crosswalk, so the driver of the motor vehicle has a duty of care to reduce the speed and to safely drive the motor vehicle by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected the duty to protect pedestrians in the crosswalk and proceeded along as it is, by negligence, and by negligence, passed away from the right side of the direction of the Defendant, brought the victim D (ma, 62 years old) to the left side of the direction of the Defendant.

At around 02:55 on January 5, 2015, the Defendant caused the victim’s death by occupational negligence to a low-quality shock show from the Korean hospital located in the Sinpo City of Sinpo City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A death certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Basic area, between August and June (no person specially punished: No person);

3. Sentence is inevitable for the defendant to be sentenced in light of the fact that the negligence of the defendant in the decision of sentence is not minor, that a serious result of the death of a victim occurs, and that no agreement has been reached with his/her bereaved family members;

However, the fact that the defendant recognizes his own negligence and is against the law, the fact that the defendant is subscribed to the motor vehicle comprehensive insurance, and the criminal punishment exceeding the fine.

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