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(영문) 광주지방법원 2014.05.30 2014고단962
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On February 17, 2014, at around 20:00, the Defendant driven the above vehicle in the direction of flow distance in the direction of Gwangju Station using the two-lanes of the three-lane road in Gwangju Northern-gu.

At the same time, there was a duty of care to reduce the speed and to closely see the front door to prevent the occurrence of the accident.

Nevertheless, the Defendant neglected this and went into operation on the left side of the Defendant’s vehicle, and took the body part of the victim C (ma, 50 years old) who crosses the road without permission from the left side of the Defendant’s vehicle into the front part of the said vehicle, and caused considerable amount of damage to the victim’s head part of the front glass of the said vehicle.

Accordingly, the Defendant caused the victim's death by negligence on February 17, 2014, at the E Hospital located in the Dong-gu Gwangju-gu, Gwangju to the extent of low blood shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographss, such as black stuffs, photographs and accident vehicles, and photographs at the scene of the accident;

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. The reason for sentencing under Article 62(1) of the Criminal Act (which has a reason to take into account the circumstances) of the suspended sentence is serious, but the result of the instant crime is divided by the Defendant, and there is no criminal record exceeding the fine, the victim's bereaved family members and the victim has agreed smoothly with the victim, the victim also has been at considerable negligence in the occurrence of the accident by recklessly crossinging the six-lane road from the back to the back of the night with his clothes in the color, the victim has been holding the six-lane road without permission. The scope of the recommended sentence according to the sentencing guidelines (2-10 months in the safe) and other factors such as the Defendant's age, character, character and environment.

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