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(영문) 광주지방법원 2016.01.28 2015고단4835
교통사고처리특례법위반
Text

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

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obane.

On October 28, 2015, the Defendant driven the upper 17:50 on the 17:0 on the 17:50 on the 28th day of October, 2015, and led the front of the D road located in Gwangju Dong-gu C to the increased examination on the eth day of the river.

However, since there are many vehicles and pedestrians in operation, they have a duty of care to reduce speed and drive safely by checking well the right and the right of the driver.

Nevertheless, while the defendant neglected such duty of care and is proceeding as it is, the defendant did not avoid the victim E (80 cm) who was crossingd without permission by violating the signal from the left side of the defendant's running direction, and received the victim's body skill with the front wheels driven by the defendant.

Ultimately, the Defendant caused the above victim by occupational negligence by taking medical treatment at the Joseon University Hospital located in 365, based on the 29th day of the same month, around 01:05, and caused the death of the above victim with severe cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Bribery, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of relevant Acts and subordinate statutes to survey reports on actual conditions, death certificate, signal system maps, and photographs;

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 the recommended punishment according to the sentencing guidelines: Persons who are subject to special mitigation in the area of special mitigation of traffic accidents by Class II (Death or Injury of traffic accidents) shall be punished by imprisonment without prison labor for two months or more to October: Where the victim has been negligent due to the occurrence of traffic accidents or expansion of damage, a fine shall not be imposed;

2. Determination of sentence: A sentence of imprisonment without prison labor for four months and two years in a suspended sentence shall be determined by the accident of this case where the victim died and the result of damage is very serious, but the defendant is in depth and reflect;

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