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(영문) 광주지방법원 2018.03.29 2018고단5

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

On October 2, 2017, the Defendant driven DMW car at around 09:20, and led the front road located in Gwangju Dong-gu, Gwangju to turn to the left from the right edge. A person who is in charge of driving a motor vehicle on a narrow alleyway in the field of vision to turn to the left at the right edge. A person who has neglected his duty of care in advance to prevent an accident, such as taking the front side and the left side, while neglecting his duty of care in advance, he did not discover the victim G (59 years old) who was accumulated in front of the driving direction of the said motor vehicle and did not discover the victim G (59 years old), 42 meters, and the victim caused the death of the victim from the place to the low blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. On-site photographs of each traffic accident;

1. Application of Acts and subordinate statutes to death certificates;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type Decision] - Class 2 (person who is subject to special sentencing] of traffic accidents in general traffic accidents - When there are considerable negligence due to the occurrence of traffic accidents or the expansion of damage to victims of mitigation elements, the decision in the sphere of special mitigation [decision in the sphere of recommendation] / 1 year from February to 1 year [the scope of recommendation] - there is no history of criminal punishment for mitigation elements / [decision in the penalty] / All circumstances such as the above sentencing factors and the degree of violation of the duty of care by the defendant, etc.