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(영문) 광주지방법원 2015.10.15 2015고단2414
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On May 22, 2015, the Defendant driven the Ecopi-do vehicle on May 22, 2015, and led the front road of G in Gwangju Seo-gu to the old Gwangju Seo-gu Police Station from the side of the Yangdong market.

At night, a person engaged in driving duty of a motor vehicle has a duty of care to safely operate the steering system by accurately operating the steering wheel, steering wheel and brake system.

Nevertheless, when the Defendant neglected to do so, the Defendant did not avoid the victim H (the age of 56) on the right side of the Defendant’s vehicle toward the left side, and received the victim from the front part of the Defendant’s vehicle.

Ultimately, at around 06:30 on May 23, 2015, the Defendant caused the victim to die with low blood transfusion shocks from the Japanese University Hospital located in 365, as in the Dong-gu Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis 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. 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 not more than October, general traffic accidents: Special mitigation area (two to ten months) of types of special mitigation area (the death of a traffic accident) of the two-month traffic accidents: In a case where there is substantial negligence on the occurrence of a traffic accident or expansion of damage to a victim, a penalty surcharge shall not be imposed; and

2. Determination of sentence: The sentence shall be determined as per the order, taking into consideration all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of the crime and circumstances after the crime, etc., for four months of imprisonment without prison labor, two years of suspended execution, as shown below;

A disadvantageous condition: The victim dies and the result of the damage is serious.

The favorable circumstances: it is against the first one.

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