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(영문) 광주지방법원 순천지원 2016.06.23 2016고단402
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On February 21, 2016, the Defendant driven the above car at around 19:45, while driving it at the right time and driving it from the right angle to the luminous distance.

At the time, there are nights, and there are many buildings and facilities around that place, and pedestrians are frequent, so there were duty of care to safely drive a motor vehicle driving person, who is engaged in driving duties, by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim C (64) who crossed the roadway to the right side from the left side of the said car driving direction, and did not go beyond the road by taking the front side of the said car.

As a result, the Defendant caused the victim to die due to the above occupational negligence by causing the victim to suffer from the severe damage to the two severe symptoms in the roller hospital, in light of the net light of 21:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs and photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Determination of a sentence in consideration of the conditions of sentencing, such as the degree of negligence of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the bereaved family members of the victim do not want the punishment against the defendant, and the fact that the defendant has no criminal history;

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