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(영문) 광주지방법원 목포지원 2016.05.13 2016고단76
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without following changes in indictment to the extent that it is deemed that the identity of the facts charged is recognized and that there is no concern about the substantial disadvantage of the defendant

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On December 23, 2015, the Defendant driven the above car at around 18:35 on December 23, 2015, and led the Defendant to drive the vehicle at an influence rate from the boundary of the Eup to the boundary of the Doldo located in the Doldo located in the 189-4 Gwangjin-gu Seoul Special Metropolitan City, Newan-gun, Seoul Special Metropolitan City.

At the time, the location is night, and there is a entrance entry into the village in one lane, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so as to keep it on the right panion and the right panion part, which was located in that part, and received victim D(73 years of age).

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by immediately cutting down the two different types of dives, etc. in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to on-site photographs1 through 3, vehicle photographs, oil photographs, dead bodies photographs;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to five years of credit cooperatives;

2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] shall be the area where the reduction area (from April to October) is mitigated (the person who has made a special mitigation).

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