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(영문) 광주지방법원 2014.05.20 2014고단465
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 motor vehicle in a stitu area.

At around 08:30 on October 6, 2013, the Defendant turned down the shooting distance in front of Samsung Driving Schools, which is located in the adjustment of Samsung-si, Nam-si, Chungcheongnam-si, Nam-si, Chungcheongnam-si, at a speed of about 120 kilometers a speed of about 120 kilometers a speed, depending on a two-lane each other, from the west-si, Nam-gu, Nam-si, Nam-si.

The above place is a private street intersection with access roads on the left and right side of the national highway of 80 kilometers of restricted speed, and at that time, there was a duty of care to drive a vehicle by keeping the restricted speed as a person engaged in driving the vehicle, and by checking well the front left and right side.

Nevertheless, the Defendant did not live well on the front side, and did not find out the victim E (13 years old) who has driven the said vehicle on the right side of the Defendant’s course by negligence in excess of about 40 kilometers of the speed limit on the front side of the vehicle, and did not find out the victim E (13 years old) who has driven the bicycle driving by the victim on the front side of the said vehicle, and caused the victim to go beyond the road.

At around 14:05 on the same day, the Defendant caused the above traffic accident and caused the victim to die with pressure on brain due to surgery during treatment at the Joseon University Hospital located in the Dong-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry into the delivery of a report on the occurrence of a traffic accident, a report on actual condition, a death certificate (E), and a comprehensive traffic accident analysis report;

1. Application of video Acts and subordinate statutes to black stuffs and video display files;

1. The scope of recommendations for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts: The basic area of sentencing under Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents: The basic area of traffic accident Type II (the death of traffic accident): In this case, the Defendant’s limited speed has been at the time of an accident exceeding twice the amount exceeding twice.

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