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(영문) 광주지방법원 2018.11.22 2018고단3935
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On July 12, 2018, the Defendant driven a high-speed motor vehicle into EM on July 19:30, and was under the direct control of the regular course of business in accordance with five lanes in front of the Bank of Korea, which is located in the center of the regular course of business in Seo-gu, Seo-gu, Gwangju. The Defendant neglected the duty of due care to safely drive the vehicle, such as complying with the signal, and caused the victim F. (38 years old) who driven the bicycle to the right side from the left side of the said vehicle due to the negligence of driving in violation of the signal, and led the victim G (33 years) (hereinafter referred to as 33 years old) who boarded the said vehicle to take the right side of the bicycle driving in front of the said vehicle, and caused the victim’s injury such as brain-dead, etc. with approximately two weeks in need of treatment for the said vehicle, and caused the victim’s injury to the right side of the said vehicle to 10-day 5-day knee and 15-day injury to kne.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each photograph (the sequence 5,17 of the evidence list);

1. A death certificate;

1. Copies of each medical certificate (the sequence 31,32 of the evidence list);

1. Application of CD-related Acts and subordinate statutes, such as CCTV images;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend Courses recognizes the defendant's mistake, the bereaved family members of the victim G, H and the victim F are not punished against the defendant, there is no history of criminal punishment against the defendant, and the defendant's person.

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