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(영문) 의정부지방법원 2018.10.10 2018고단2591

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:07, May 10, 2018, the Defendant: (a) was a person engaged in driving of the Category C motor vehicle; and (b) when, at the time of the fact that, at around 17:07, the head of Sincheon-gun, Seoul Special Metropolitan City, the head of Sincheon-gun, Seoul Special Metropolitan City, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-do, the head of Sincheon-gun, the head of Sincheon-do, the head of Sincheon-gun, the head of Si had the head

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the taking course and the community service order [the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court] The special mitigation area (in the event that there is considerable negligence in the occurrence of traffic accidents or the expansion of damage even to the victim, the punishment is not imposed, February-1 year] of the defendant's violation of the defendant's duty of due care (the decision of sentencing was rendered) (the defendant could have discovered the victim in advance and suspended the vehicle at the time of the front state, and the defendant could have immediately stopped the vehicle at late after receiving the victim, and the defendant continued to proceed the vehicle even after receiving the victim) caused the death of the victim who is only five years of age, due to the victim's violation of the defendant's duty of care.

Marriage from Vietnam's origin overlaps with three young children after the death of the father's mother who is a primary female.