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(영문) 광주지방법원 2018.04.26 2018고단736
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

On October 19, 2017, the Defendant driven a B digging search machine at around 12:43, and proceeded on a road in front of the agency south of the motor vehicle in Gwangju Mine-gu, and moved on the right side from the front side of the math elementary school to the lower intersection. Since it is an intersection where a crosswalk is installed, the Defendant was negligent in performing his/her duty of care to prevent accidents, such as making the front side well and temporarily stop before the crosswalk, and led the victim C (72 years old) who driven the bicycle front wheel on the right side of the right side of the math of the math of the math of the math of the bicycle driving at around 13:49 on October 19, 2017, and led to the death of the victim due to shock caused by traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each photograph (the sequence 8, 11, 24 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. 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 ] - Class 2 (Special Sentencing Person) of the General 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 area] mitigation area / [the person who is subject to general sentencing] there is no criminal punishment for mitigation elements / [the decision of sentence] above sentencing factors and the degree of violation of the duty of care by the defendant, etc.

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