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(영문) 광주지방법원 2016.09.22 2016고단2457
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for five months;

2. Provided, That the execution of the above sentence shall be suspended for a period of 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 CK5 cars.

On April 12, 2016, the Defendant driven the above vehicle on April 13:00, and led to two-lanes between the two-lanes to the transfer of the road in the national highway sub- tunnels on the 29th National Road of Bosung-gun, which is located in New Bosung-gun Labor, from the side of Bosung-gun Labor.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately manipulating the steering side and the steering system.

Nevertheless, the Defendant neglected to do so and immediately discovered and operated the E-T 100 Oral Sea of the Victim D (91) driving at the same lane as it was in progress by negligence, but did not avoid it, but received the rear part of the above E-T 100 Oral Sea as the center part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as sacriffing the upper right part, by occupational negligence, and caused the death of the victim on April 17, 2016 while receiving hospitalized treatment at F Hospital after surgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The application of the relevant Acts and subordinate statutes to survey the actual situation, death certificate, opinion, and photographic documents;

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 on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing criteria: Persons who are specially mitigated in the mitigation area of traffic accidents in the range of two types of general traffic accidents from April to one year of imprisonment without prison labor: Persons who are not subject to punishment;

2. Determination of sentence: In full view of all the sentencing conditions as shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, circumstances after the commission of the crime, etc., the sentence shall be imposed as ordered in May of the imprisonment without prison labor, two years after the suspension of the execution, as well as the following circumstances:

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