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(영문) 광주지방법원 2018.03.13 2017고단5484
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 CSM 7 car.

On November 20, 2017, at around 17:55, the Defendant: (a) neglected to perform the duty of chilling on the road along the two-lanes of the road in the circular road located in the south-gu, Gwangju, by neglecting the two-lanes of the road from the south-gu, Gwangju to the direction of the road; (b) caused the victim D (79 years of age) crossing a crosswalk with no pedestrian signal, etc. to the port from the right side of the road due to his occupational negligence; (c) caused the victim D (79 years of age) to die in front of the vehicle on November 21, 2017, and caused the victim to die by pressure from brain pressure due to the mouth of the mouth of the mouth at the Joseon University Hospital located in Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

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. 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 Course, Article 62-2 of the Social Service Order, Article 59 of the Act on the Punishment, etc. of Traffic Accidents / [Types 2 (Special Determination of Traffic Accidents Death, etc.] - Reduction element: Reduction element / [the scope of recommendation] from April to one year [general sentencing person] / 1 year [the scope of recommendation] Reduction element - Joining General Motor Vehicle Insurance - Where principal factors fall under the proviso of Article 3 (2) of the Act on the Protection, etc. of Order to Attend Course - Where death occurs - Major factors: Reduction of punishment - If death occurs - Main reasons: Other cases falling under the proviso of Article 3 (2) of the Act on the Protection, etc. of Specific Economic Crimes : Non-specific grounds - Where there are no positive reasons for suspension of execution : A person who has no positive effect

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