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(영문) 광주지방법원 2016.02.04 2015고단4903
교통사고처리특례법위반
Text

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

On October 2, 2015, the Defendant driven the above car at around 09:05, and proceeded at a speed that would not be known, depending on the two-lanes of the two-lanes of the Donyang-gun, the front road of the Donyang-gun, Namyang-gun, Gwangju, along with the two-lanes of the way.

Since there was a place where the agriculture level emitted from the bamboo-proof village was combined, there was a duty of care to check whether a person engaged in driving service has a vehicle entering the road and to safely drive it by reducing the speed and checking the right and the right and the right.

Nevertheless, the Defendant neglected such duty of care and did not avoid the victim E (88)'s bicycle driving on the road operated by the Defendant on the right side of the right side of the driving direction while driving, and the Defendant received the back part of the above bicycle with the front part of the car driven by the Defendant and caused the victim to fall on the floor.

Ultimately, the Defendant committed the same month by occupational negligence as above.

3. From 16:50 to 365, as the penology of Gwangju-gu, it resulted in death by melting the balone due to the balone and the balking balone, while receiving treatment from the Joseon University Hospital located in 365.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) a actual survey report;

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. Grounds for sentencing under Article 62 (1) 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: Imprisonment without prison labor for up to ten months (the scope of the recommended punishment) for the mitigated area (up to April 10) (up to October) for the mitigated area (up to effort to recover damage) for two types of general traffic accidents;

3. Determination of sentence: Six months; and

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