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(영문) 광주지방법원 2016.12.22 2016고단4198
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who is engaged in driving a BM7 car.

On June 14, 2016, the Defendant driving the above vehicle at around 18:10, and driving the three-lane road in front of the D in Gwangju Northern-gu C along the same one-lane in the open stadium distance.

Since there are many vehicles and pedestrians operating as roads in the vicinity of the camping ground, there was a duty of care to reduce the speed and to ensure the right and the right and the right of the driver and safely drive the driver.

Nevertheless, the defendant neglected this and proceeded with the parked vehicle due to negligence, and received the victim E (35 years old) who illegally crossed from the right side of the defendant's proceeding to the left side, from the right side of the defendant's proceeding.

Ultimately, around June 20, 2016, the Defendant caused the victim’s death by occupational negligence by pressure due to cerebrovassis and brain internal cerebral ties at a pre-nam University Hospital located in 42, Dong-gu, Gwangju, Dong-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the actual condition survey report, death diagnosis report, and Acts and subordinate statutes governing the scene of accident;

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 on orders to provide community service and attend lectures;

1. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for a period of four months from April to one year, and special mitigation in the mitigation area of traffic accidents in general: A person who is subject to a mitigation area: A person not subject to punishment;

2. Determination of sentence: Determination of sentence of imprisonment without prison labor: In full view of all the conditions of sentencing as shown in the pleadings of the instant case, such as the age, character and conduct, environment, background of the crime and circumstances after the crime, six months of the suspension of execution and two years following the suspension of execution, as shown in the text.

(b)bed;

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