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(영문) 광주지방법원 2015.11.12 2015고단3908
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;

Reasons

Punishment of the crime

On July 1, 2015, the Defendant driven a cw high-class and a third-class driver's vehicle as his duties on July 15, 2015, and proceeded at a speed of about 70km in speed, depending on two lanes in the direction of agricultural joint markets in the direction of agricultural products joint markets, from the area of the white-type intersection.

At the time, the victim D (58 years of age) was driving a bicycle on the front side of the defendant's running direction, so in such a case, the driver of the vehicle has a duty of care to inform the bicycle driver of the fact of driving the vehicle and to prevent the accident in advance by accurately manipulating the steering direction and brakes while driving the bicycle in an unexpected direction.

Nevertheless, the Defendant neglected this and tried to overtake a bicycle while driving along a two-lane as it is. However, the Defendant got the victim as a part of the right-hand side of the above sealed vehicle and went beyond the floor.

The Defendant caused the victim by such occupational negligence and caused the victim to undergo medical treatment in the Southern Hospital prior to the death of the victim, during the same month.

5. Around 21:10, it resulted in death with brain pressure and pressure.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the survey report on actual condition, each photograph, and death certificate;

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 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: The sentence of imprisonment without prison labor for six months, the period of suspension of execution for two years, and all other circumstances shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances of crimes, and circumstances after crimes.

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