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(영문) 광주지방법원 2018.05.24 2018고단1165
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with low investment.

On March 7, 2018, the Defendant driven the said car at around 05:45 on March 7, 2018, and led the victim E (75 years old) who led the bicycle to the right side from the left side of the Defendant’s proceeding direction and passed the road to the right side of the road while neglecting the obligation of the front side of the road in front of the D in front of the Nam-gu, Gwangju to drive the said car at around 05:45, and driving the said car at around 10:45 on March 7, 2017, the Defendant got the victim of the vehicle E (75 years old) who moved the bicycle to the right side of the road, and caused the victim to die by a low blood shock shock caused by the diverosis in the previous university hospital located in Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs photographs, such as the scene of an accident;

1. A death certificate;

1. Application of traffic accident reporting Acts and subordinate statutes;

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

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

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Education / [The type of determination] Class 2 (Special Traffic Accident Death, etc.) of the General Traffic Accidents / The elements of mitigation : [the scope of recommendation] mitigation area / [the scope of recommendation] April to 1 year [the scope of recommendation] mitigation area / there is a serious reflectness or no record of criminal punishment / There is no record of suspended execution / Major reasons for special consideration : In cases of negative death - The main reasons for death - The main reasons for which positive punishment is not imposed, and there is no record of criminal punishment - The general reasons for which there are no records of criminal punishment - The positive reasons for death : the positive

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