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(영문) 광주지방법원 2016.06.02 2016고단907
교통사고처리특례법위반
Text

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

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On November 2, 2015, the Defendant, around 17:36, 2015, proceeded to the Chinese village from the middle village along the village of the village of the village of the village of the village of the village of the village of the village of the village of the middle village of the city of the Yong-gun.

In this case, a person engaged in driving service has a duty of care to check whether there is a vehicle passing through the intersection with temporary suspension or operation and to safely drive the vehicle in advance to prevent the accident.

Nevertheless, the defendant neglected this and proceeded to the left-hand side of the defendant's proceeding by negligence.

D 운전의 E SM5 승용 차 좌측면 부분을 피고인 차량 앞 범퍼 부분으로 들이받아 그 충격으로 위 SM5 승용 차로 하여금 우측으로 튕겨 나가 우측에 있던 전신주를 들이받게 하였다.

Ultimately, the Defendant, by such occupational negligence, caused the Victim F (F) who was accompanied by the said SM5 car to die on November 5, 2015, on the part of the Defendant, at the Innsan-gu Incheon Metropolitan City, Seosan-ro 170, Seoyang-ro, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, to die from cerebral cerebral cerebral typ.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of the practical survey report, death certificate, and photographic Acts and subordinate statutes;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines: Persons who are subject to special mitigation in the mitigation area of traffic accidents in the range of two types of general traffic accidents from April to October of the credit cooperative: Persons who are not subject to punishment;

2. Determination of sentence: The imprisonment without prison labor for eight months, the period of suspension of execution for two years as follows, and the age, sex, environment, and crime of the accused.

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