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(영문) 광주지방법원 2015.10.22 2015고단3000
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 two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 23, 2015, the Defendant was a person who is engaged in driving a D high-speed car, and was driving the said car at around 20:20 on June 23, 2015, and led to the driving of F in Yong-si E in Yong-si, Yong-si.

At the time, there was a frequent place for people to walk, so in such a case, there was a duty of care to reduce the speed and to safely drive the vehicle by checking well the right and the right and the right of the driver.

그럼에도 피고인은 이를 게을리 한 채 그대로 진행한 과실로 피고인 진행방향 좌측에서 우측으로 위 도로를 무단횡단하던 피해자 G(여, 65세)를 뒤늦게 발견하고 피고인 차량 앞범퍼 부분 등으로 피해자의 우측 몸을 들이받아 그 충격으로 피해자로 하여금 약 8.4m 정도 앞으로 튕겨나가 도로 바닥에 떨어지게 하였다.

Ultimately, around 00:05 on June 24, 2015, the Defendant caused the death of the victim due to serious brain damage at a regional mining complex in the Young-gu, Young-gun, Young-gu, Young-gu, Young-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to the actual survey report, photographs, death certificate, and traffic accident analysis report;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment without prison labor for the crimes of transportation between April and October, the general traffic accident category II, which is the special mitigation area of mitigation area: A person who is not subject to punishment; and

2. Determination of sentence: Five months of imprisonment without prison labor or two years of suspended execution, and the result of the death of the victim is very serious;

Although the victim was crossing a road without permission, the point where the victim was crossing without permission and several metress.

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