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(영문) 광주지방법원 2015.12.22 2015고단4467
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 franchising truck.

On November 1, 2015, the Defendant driven the above vehicle at around 17:20 on November 1, 2015, and led the Fri-gun E to the direction of the Fri-gun.

There are three-lanes where one lane and one house are cross-sections, and it is difficult to secure the view, so there was a duty of care to safely circumvent the front left while driving as a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected this and led a bicycle to the right side of the bend side of the bend side of the bend side of the bend side of the bend side of the bend side of the Defendant’s driving vehicle and the front wheels of the bicycle were also the front side of the Defendant’s driving vehicle.

Ultimately, at around 19:50 on the same day, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the Jeonnam University Hospital located in 42, Dong-gu, Gwangju, Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident 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: The sentence of imprisonment without prison labor for four months, the fact that the result of the death of a victim for one year in a suspended sentence has occurred, or the defendant does not want the punishment of the victim by mutual consent with the bereaved family members, or the defendant.

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