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(영문) 광주지방법원 2017.01.24 2016고단4993
교통사고처리특례법위반(치사)
Text

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

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On October 18, 2016, the Defendant driven the above car at around 20:05, and turned to the left at a speed that is unknown as the front side of the Samsung Apartment, which is located in 142-12, depending on the direction of the front side of the Samsung Apartment, which is located in the 142-12-lane in Gwangju Mine-gu, and turned to the front side of the above apartment.

At the time, a crosswalk is installed on a road that is to turn to the left and going left, so there was a duty of care to safely drive the crosswalk by checking whether there is a person who gets on a crosswalk by checking the right and the right and the right and the right and the right and the right and the right and the operation of the steering system and operating it accurately.

Nevertheless, the defendant neglected this and did not discover the victim C (at 39 years of age) who stands on the right side of the defendant's moving along the crosswalk from the defendant's moving toward the right side, and received the victim's body parts in front of the car driving by the defendant.

Ultimately, at around 20:40 on the same day, the Defendant caused the victim’s death by occupational negligence due to cerebral cerebral cerebral d from the E hospital located in Gwangju Mine-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines: From four months to one year (the scope of the recommended punishment) of imprisonment without prison labor, the mitigated area (from four months to one year) of the mitigated area (the person who has been specially mitigated).

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