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(영문) 광주지방법원 2016.08.18 2016고단1928
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six 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 a DM5 car.

On April 19, 2016, the Defendant driven the above car on April 18:35, 2016, and made the turn to the left at one way among three-lanes of the three-lanes from the ccarc-distance outflow to the annual elementary school.

Since there was an intersection where traffic control is not carried out, in such a case, a person engaged in driving service has a duty of care to temporarily stop or slowly drive by entering the intersection according to the order of priority of traffic after ascertaining the traffic situation before entering the intersection.

Nevertheless, the Defendant neglected to turn to the left as it was, due to the negligence of failing to do so, received the part of the victim E (3rd driver of 41) driver's vehicle in front of the Defendant's vehicle with the front driver's lurbed part of the victim E (41) driver's lurged part of the three-lane lurg drive, which was straighted along the three-lanes of the two-lane lurb, from the high-tech lurd part of the driver's vehicle, and caused the hurb installed in India to the right-hand part.

After all, the Defendant caused the death of the victim by occupational negligence as a result of the symptoms of blood transfusion within the mouth and scarlet.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to survey reports on actual condition, death certificates, and 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 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 criteria: Persons who are specially mitigated in the mitigation area of traffic accidents in the range of two types of general traffic accidents from April to one year of imprisonment without prison labor: Persons who are not subject to punishment;

2. Determination of sentence: Six months of imprisonment without prison labor, two years of a stay of execution and other circumstances as specified below, and the age of the defendant;

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