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(영문) 광주지방법원 2016.04.07 2016고단312
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving of D's new Coin, Ltd.

On October 18, 2015, the Defendant driven a fexk car around 19:05, and proceeded with three lanes near the “F” located in Gwangju Mine-gu E from the hump to the hump to the hump of the mine police station.

At the time, it is night and its limit is 60km/h in speed, and thus, a person engaged in driving a motor vehicle has a duty of care to ensure that the person engaged in driving a motor vehicle has a duty of care to observe the speed and to accurately operate the steering and operating the steering system and prevent accidents in advance.

Nevertheless, the Defendant neglected this and took part in the emergency call service of an insurance company and proceeded with the speed exceeding 30 km/h of the limit in order to comply with it, thereby receiving the victim G (55) who illegally crossed the road from the right side of the Defendant’s proceeding to the left side of the road.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the emergency room of the Namnam University Hospital, which is located in the department of Gwangju-gu, Gwangju-gu, where the victim was under transmission treatment at around 21:01 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes of sending a comprehensive traffic accident analysis;

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. 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 punishment according to the sentencing guidelines: Imprisonment without prison labor for up to ten months (the scope of the recommended punishment) for general traffic accidents in the area of special mitigation (up to 10 months) (up to 2 months for special mitigation) (up to 10 months for victims) for the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including serious efforts to recover damage).

3. The sentence shall be pronounced below.

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