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(영문) 광주지방법원순천지원 2020.11.11 2020고단1149
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On March 14, 2020, the Defendant driven the above car on March 15, 2020, and driven it on the two-lanes in the direction of the clim distance at the top of C high water.

The driver of a motor vehicle has a duty of care to prevent accidents in advance by emphasizing the front side and the left side and accurately manipulating the steering and brakes of the motor vehicle.

Nevertheless, the defendant's negligence that did not show the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

As a result, the Defendant caused the death of the victim by pressure on cerebral cerebral cerebral cerebral cerebral cerebral eption by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition (1) (2);

1. The scene of the traffic accident and photographs of evidence;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (with regard to circumstances involving accidents);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [special person] - the mitigated element of mitigation: [including a serious effort to recover damage] [the scope of the recommended area and the recommended sentence] mitigation area, imprisonment without prison labor for four to one year [the general person] mitigation element: Purchase of a comprehensive motor vehicle insurance policy and there is no record of criminal punishment [the grounds for suspension of execution] - Major prides not to be punished, there is no record of criminal punishment - The grounds for suspension of execution - There are no records of general pride: serious reflects, and comprehensive motor vehicle insurance.

3. Determination of sentence: Four months of imprisonment without prison labor and one year of suspended execution;

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