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(영문) 광주지방법원 순천지원 2015.07.21 2015고단828
교통사고처리특례법위반
Text

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

except that 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 who is engaged in driving Cone Star A.S. car.

On March 16, 2015, the Defendant driven the above vehicle at a speed of 22:04, and driven the tin-in-way road in front of the flow-in road in the flow-way in the direction of the summerdo in the direction of the summerdo.

At the time, it is night and its location is bended by the direction, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, the defendant neglected this and followed the victim D (year 52) who walked on the right side of the road at the front bank due to the negligence of the defendant's neglecting it, in front of the left side of the vehicle.

Ultimately, around March 16, 2015, the Defendant caused the death of the victim due to multiple traumas, etc. at the E Hospital located in the Vietnam city around March 22:36, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A survey report on the actual condition of a traffic accident, on-site photographs of a traffic accident, and a corpse inspection report;

1. In the application of the investigation report (as to the records of conduct at the time of D death), automobile insurance certified personnel, and written agreement;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence) [the scope of recommendation] general traffic accidents in Type II (a traffic accident in April to October), the area of mitigation (including a special mitigation), the area of mitigation (including a serious effort to recover damage) [the decision of sentence] a prison labor for six months, and the circumstances favorable to the suspended sentence for two years: In light of normal driving behavior, the degree of negligence of the defendant is not significantly significant, and it is disadvantageous to the victim's bereaved family members.

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