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(영문) 광주지방법원 순천지원 2015.06.12 2015고단632
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, 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

The defendant is a person engaged in driving a mixed car B.

Around 19:50 on March 17, 2015, the Defendant driven the above car and driven it from the mountain village to the monthly wave of the 329 Do Do 329 Do.

At the time, it was difficult to keep the surrounding areas around at night, so there was a duty of care to reduce the speed and drive safely by keeping the front left well.

그럼에도 피고인은 이를 게을리 한 채 그대로 진행한 과실로 피고인 진행방향 오른쪽 갓길을 걸어가고 있던 피해자 C(여, 74세)를 위 승용차 앞 범퍼 부분으로 들이 받아 피해자로 하여금 앞으로 튕겨져 나가면서 갓길에 주차되어 있던 봉고 화물차의 앞 부분을 충격한 후 도로에 떨어지게 하였다.

Ultimately, at around 23:46 of the same day, the Defendant caused the victim's death by the above occupational negligence by an external shock at the emergency room of a rollro hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1 report), on-site drug map, on-site survey report, on-site evidence photographs of the traffic accident, on-site investigation report, CCTV image CD;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements for types 2 (Death, etc. of Traffic Accidents) and reduction elements for traffic accidents in accordance with the sentencing guidelines (including serious efforts to recover damage): Reduction elements for motor vehicle comprehensive insurance, subscription to a serious half (the scope of decision-making and recommendation range in the recommended field) reduction areas, and April-10 months;

2. Whether or not to suspend the execution (the main reasons for such suspension: positive) is not subject to punishment (the reasons for general participation: positive).

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