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(영문) 광주지방법원 2018.09.13 2018고단2881

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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

Around 16:40 on July 5, 2018, the Defendant driven a motor vehicle with Bsch Rexroth, and led the victim to drive the motor vehicle bypassing it from the surface of the company to the surface of the bend of the bend of the bend of the bend of the bend of the area of the company, according to the road at the entrance of the bend of the bend of the area of the Yeung-gun, the Nam-gun, the Yeung-gun, the Yeung-ri, the Yeung-ri, the Yeung-ri, the Yeung-ri. The Defendant neglected the duty of care to drive the motor vehicle safely, and caused the victim to die of the motor vehicle due to a prolonged electric shock on July 9, 2018, by neglecting the duty of care to operate the steering and the steering gear accurately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each photograph (the sequence 4,5,19 of the evidence list);

1. A copy of a death certificate;

1. Application of CCTV-related Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Education [Type ] - Type 2 (Special Sentencing Person) of Traffic Accidents (Death, etc. in Traffic Accidents) - [The scope of recommendation area] mitigation area / [the scope of recommendation area] 4 months to 1 year [the scope of recommendation person] mitigation area / there is no criminal punishment for mitigation factors / [the decision of sentence] above sentencing factors and the degree of violation of the duty of care by the defendant, etc. consideration of all the circumstances, such as the above sentencing factors and