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(영문) 광주지방법원 2014.12.10 2014고단3841
교통사고처리특례법위반
Text

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 15, 2014, at around 10:25, the Defendant is a person engaged in driving of B high-speed motor vehicle. Around July 15, 2014, the Defendant driven the said motor vehicle and proceeded to the Chosunnam Rehabilitation Hospital on the side of the main village of Gwangju Northernbuk-gu. Since it is a private-distance intersection where traffic control is not performed, the Defendant had a person engaged in driving a motor vehicle take care of the front direction of the victim C (69 years old) who entered the above intersection with the right side of the running side of the said motor vehicle by reducing or temporarily stopping speed before entering the intersection and checking the safety of course, and without any duty of care to ensure the safety of course. However, the Defendant neglected to do so and caused the victim (30 years old) to suffer damage to the front left side of the said motor vehicle due to the occupational negligence leading to the above intersection and caused the victim to suffer damage to the front side of the motor vehicle and beyond the floor of the victim at around 12:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in G; and

1. Application of Acts and subordinate statutes to entries in 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 sentence [Determination of type] of general traffic accident (the resulting in a traffic accident) - Type 2 (Special Convict) (the resulting in a traffic accident), - source of mitigation [Determination of the recommended field] mitigation area [the scope of recommendation range] 4 months to 10 months [the scope of recommendation range] - number of general persons who have subscribed to the comprehensive motor vehicle insurance for mitigation factors - number of reflects which are seriously against the subscription to

2. Whether or not the suspension of execution is added - The reason for major reference: positive punishment - the reason for general reference: not less than two times adversely: A comprehensive motor vehicle insurance policy with positive reflective driving.

3. Determination of sentence of imprisonment without prison labor;

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