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(영문) 광주지방법원 2018.04.19 2018고단486
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 January 16, 2018, at around 06:55, the Defendant driven a low-priced car and proceeded to a low-level library shooting range from the front of the K pharmacy located in theJ of Gwangju Northern-gu to the front of the K pharmacy. Since it was difficult at the time, the Defendant was negligent in performing the duty of care to accurately operate the front side and the left side and the left side, and thereby, caused the death of the victim (88 years old, n) who driven the car without the permission from the left side of the said car driving direction due to the negligence of driving the car while neglecting the duty of care to accurately operate the steering and operating the steering gear.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Each photograph (the sequence 5 through 7 in the list of evidence);

1. Application of Acts and subordinate statutes of a death certificate;

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] 2 (Persons Causing Special Sentencing) of the Act on the Punishment of Traffic Accidents - [Determination in the territory of recommendation] In the mitigated area / [the scope of recommendation] / [the scope of recommendation] 4 months to 1 year [the person who is subject to general sentencing] - there is no record of criminal punishment (decision in the above sentencing] / The above sentencing factors and the defendant recognize their mistakes, and the degree of violation of their respective duty of care by the defendant and the victim, etc. shall be considered.

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