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(영문) 광주지방법원 순천지원 2015.06.11 2015고단469
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 drives a motor vehicle at the D mother cost.

On February 6, 2015, at around 09:05, the Defendant driven the said car and proceeded at a speed of about 60km from the erode to the erode at the erode of the erogical erogic road near the erogic erogic erogic erogic erogic erogic erogic erogic erogic.

At this point, the road is a bend road with the center line of the yellow-ray, and the defendant's front bank is proceeding with 12t sprinks. Thus, the defendant engaged in driving motor vehicles has a duty of care to thoroughly string the front bank, not sprinking the center line, and to safely proceed along the lane, to prevent accidents.

Nevertheless, the suspect neglected to do so and instead did not discover the FP of the victim E(44-year-old driving) driving, which was going against the opposite part in the course of returning to the original lane, and received as the front part of the above SP motor vehicle, the upper part of the upper right side of the driver's vehicle, which was applied to the left side in order to avoid the defendant who invaded the central line.

At around 09:55 on the same day, the Defendant caused the death of a victim who was sent to a H hospital located in Mineyang-si G due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. A death certificate;

1. Application of the practical survey report, on-site evidence and photographs-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. (the scope of recommendations).

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