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(영문) 광주지방법원 목포지원 2021.03.19 2020고단1182

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

Attached Form

The term “criminal facts” is the same as the previous term.

Summary of Evidence

1. Statement made by the police against B by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the actual condition investigation, and a statement on the occurrence of a traffic accident;

1. Application of death diagnosis certificates and photographs under each statute;

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 punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] the death of traffic accident (including the person subject to special sentencing]: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment], the mitigated areas of punishment (including the advanced efforts to recover damage), and April through one year without prison labor;

3. Determination of sentence: 8 months of imprisonment without prison labor and 2 years of suspension of execution (including the first offender who has no previous record, the confession and seriously reflects the crime of this case, the deceased's bereaved family members and the bereaved family members and the bereaved family members and the bereaved family members are not subject to the punishment of the defendant, etc.).