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(영문) 광주지방법원 순천지원 2016.06.08 2016고단151
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B SP area.

On November 11, 2015, the Defendant driven the above car at around 18:20, while driving it at around 18:20, one way in front of the missionary missionary missionary missionary missionary missionary missionary missionary work from the luminous high school.

At night, there are frequent places for pedestrians to pass on the right side of the above car driving direction, such as churches and restaurants, so there was a duty of care to reduce speed and drive safely by checking well the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and went on to the right side of the victim C(57) who crosses the road to the right side from the left side of the driving direction of the car.

As a result, the Defendant caused the victim to die by occupational negligence as seen above, with the sex in the 19:04 of the same day, which was at the 19:04 of the same day, due to the multiple growth damage from the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident (1 beams), a survey report on actual condition, and a photograph related to the scene of a traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the type of determination] traffic accident in the general traffic accident [the person who is in charge of special sentencing] type 2 (the resulting from traffic accident] mitigation area [the decision in the sphere of recommendation] mitigation area [the scope of recommendation] mitigation area] [the decision in the sphere of recommendation] April - 10 months [the decision of sentence]] occurrence of a serious result of the victim's death by the instant accident is disadvantageous to the defendant

However, the defendant led to the confession and reflect of the crime of this case, and agreed with the victim's bereaved family members.

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