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(영문) 광주지방법원 2015.09.17 2015고단1979
교통사고처리특례법위반
Text

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

2. Provided, That the execution of the above punishment shall be suspended for 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 a B car car.

On July 16, 2014, at around 04:25, the Defendant driven the said car, and led the three-lane road in front of Gwangju Northern-gu C, to run about 44.6km each hour from the northwest to the northwest, depending on one-lane.

At the same time, it was difficult to look around the vehicle, so there was a duty of care to prevent the accident in advance by driving the vehicle in front and safely.

Nevertheless, the Defendant neglected this and got the victim E (the 79-year-old) who dried the above road to the port from the right side of the Defendant’s course due to negligence, and caused the victim to go beyond the upper part of the driver’s seat of the said car, and caused the victim to go over to the upper part of the central line, and caused the death of the low-blood shock vehicle at around 04:33 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site photograph, drug map on the scene of an accident, body autopsy report, autopsy and appraisal report, comprehensive traffic accident analysis report, and investigation report (verification of the day and time of the accident);

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;

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

1. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not less than two months or for not more than October, a general traffic accident subject to special mitigation area: A victim shall also be punished if he/she has gross negligence on the occurrence of a traffic accident or the expansion of damage caused by a traffic accident;

2. Determination of sentence: April of a credit cooperative, two years of a suspended sentence, and the following circumstances, as well as the age, character and conduct, environment and circumstances of crimes;

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