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(영문) 광주지방법원 2015.12.10 2015고단4270
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B E-car.

On September 18, 2015, the Defendant driven the said car at a speed of about 90km/h from the Seoul to the neck of the speed of about 50km/h from the Seoul to the west of about 56.4km, at the mari-gun, the west Coast Highway at the mari-gun.

At the same time, the victim C(45 years of age) who was signaled due to road repair works at the front section of the road was using a two-lane signal at the center of the two-lane in order to induce the vehicle in the two-lane, so there was a duty of care for the person engaged in the driving of the motor vehicle to live well on the front section and the left and right and to reduce the speed of the damage to the victim.

Nevertheless, the defendant neglected to do so and found the victim late by his negligence and did not avoid it and received the victim in front of the left side of the motor vehicle of the defendant.

Ultimately, at around 12:31 on the same day, the Defendant caused the death of the victim due to brain, heart damage, etc. at the Young-gu General Hospital located in the Young-gu, Young-gun, Young-gu, Youngnam-gun, and the 3rds of the Yaeong

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. The actual condition survey report;

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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment without prison labor for not less than four months nor more than ten months (the range of recommending punishment) shall be the mitigated area (4-10 months) (including specially mitigated persons) (including efforts to recover damage).

3. Determination of sentence: Six months of imprisonment without prison labor, and one year of suspended execution that the result of the death of the victim has occurred by neglecting the duty of a full-time care;

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