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(영문) 광주지방법원 순천지원 2016.01.29 2015고단2344
교통사고처리특례법위반
Text

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

However, 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

The defendant is a person driving a BM7 car.

On 04:40 on 04. 04. 04. 04. 04. 00, the Defendant driven the above vehicle and driven the crosswalk in front of the D Hospital, which is located in C, at the end of the south of the distance of funeral, with one lane from the south of the distance of funeral to the long distance of funeral.

At the time, a new wall time was a road with a crosswalk, so there was a duty of care to prevent a traffic accident in advance, after checking the safety of the course by checking well the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to cross the front side of the crosswalk on the right side of the victim E (n.e., 84 years old) while crossinging the front side of the road from the left side of the Defendant’s running by negligence, which led the damaged person to go beyond the road, by shocking the front part of the driver’s seat of the Defendant.

As a result, the Defendant caused the victim to die with the awareness of damage to the two parts of evidence at the site by negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, on-site drug map, de facto investigation report, and evidence and photographs of the scene;

1. Application of Acts and subordinate statutes to death certificates;

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 on the observation of protection and order to attend lectures;

1. The scope of recommended punishment on the sentencing guidelines [the type of determination] the scope of ordinary traffic accidents [the person who is subject to special sentencing] Class 2 (the death of traffic accidents): the mitigated element (including serious efforts to recover damage): [the person subject to general sentencing] mitigated element: the comprehensive motor vehicle insurance policy [the person subject to general sentencing] aggravated element: In other cases falling under the proviso of Article 3(2) of the Act on Special Cases concerning Traffic, this type of repeated crime, and the same criminal record (the decision subject to recommendation] that does not constitute repeated crimes.

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