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(영문) 광주지방법원 2016.10.20 2016고단3046
교통사고처리특례법위반
Text

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

2. Provided, That the execution of the above punishment shall be suspended for one year 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 high-priced car.

On February 19, 2016, the Defendant driving the above vehicle at around 06:19, and driving the five-lane road in front of the F in Gwangju Dong-gu E at a speed of about 52 km per hour, depending on three-lanes from the intersection between the south and the intersection.

At the time, the object of the front door was not well seen at night, so in such a case, a person engaged in driving service has a duty of care to reduce the speed and drive the front door well.

Nevertheless, the Defendant neglected this and proceeded to the left side of the direction of the Defendant’s running by negligence, and thereby, got out of the right side of the direction of the Defendant’s running, the Defendant’s G (75 years old) was placed on the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim at the same place around that time due to the injury of light water at the same time due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to the traffic accident report, investigation report (to secure CCTV at the site and verify the details of the accident), death diagnosis report, autopsy appraisal report, and photographs;

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 recommendation according to the sentencing guidelines: Imprisonment without prison labor for not less than two months to one year, and the special mitigation area (two to one year) of the Class II of the General Traffic Accidents (Death resulting from Traffic Accidents) shall be limited: In cases where the victims have committed considerable negligence in the occurrence of traffic accidents or the expansion of damage, a penalty shall not be imposed;

2. Determination of sentence: The sentence is imposed in full view of all the conditions of sentencing as shown in the pleadings of this case, including the period of imprisonment without prison labor for five months, the period of suspension of execution of one year, and other circumstances as shown below, such as the defendant's age, character and conduct, environment, circumstances after crimes.

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