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(영문) 광주지방법원 2015.10.29 2015고단3579
교통사고처리특례법위반
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 of B truck truck.

On July 15, 2015, the Defendant driven the above vehicle at around 18:29, and proceeded with the intersection in front of Seocheon-gun, Namnam-gun, Namnam-gun, Namnam-gun, by using the said vehicle from Macheon-ri to Masan-ri.

Since there was an intersection where traffic control is not performed, in such a case, a person engaged in the driving of a motor vehicle has a duty of care to temporarily stop or slowly drive the motor vehicle before entering the intersection, and to prevent the accident by driving the motor vehicle safely after making a safe look at the right and the right of the road.

Nevertheless, the Defendant, without neglecting the above duty of care, was negligent by entering the above intersection as a result of the Defendant’s failure to do so, and received the front portion of the victim C(70 years of age) driving, which came to the right from the left side of the running direction of the Defendant, in front of the Defendant’s vehicle.

As a result, the Defendant caused the victim to suffer from damage to sacrife and light water due to such occupational negligence, and caused the victim’s death at the Young-gun, Young-gu, Young-gun, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, and caused the death of the victim due to cardiopulmonary closure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the actual survey report, accident-related photographs, 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. 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: Six months of imprisonment without prison labor, two years of suspended execution, and other circumstances as specified below, such as the age, character and conduct, environment, circumstances of crimes, and circumstances after crimes, etc.;

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