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(영문) 광주지방법원 2018.04.12 2018고단318
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 December 22, 2017, the Defendant driven a truck of B 6.5 tons at around 11:15, and proceeded to a small e-mail room near the D Hospital located in Gwangju Dong-gu, along with the road near the D Hospital located in Gwangju Dong-gu, and went to the intersection. Since it is an intersection where the crosswalk is installed, the Defendant was going to the intersection. As such, the Defendant was negligent in performing his duty of care to prevent traffic accidents in advance, such as checking whether he had a duty of care to prevent traffic accidents, by failing to perform his duties of care, and by failing to perform his duties, led the victim E (76 years old, female) who dried the crosswalk pursuant to the above subparagraph of the truck, and caused the death of the victim by a low carbon certificate around 12:06 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each photograph (the sequence 5 through 8 in the list of evidence);

1. The CD;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (the contents of oral statements made by defense counsel);

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. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents [the type of determination] - The ground for sentencing under Article 62-2(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Order”) - The area of mitigation [the scope of recommendation] mitigation [the scope of recommendation] from April to one year [the scope of general sentencing] - Cases falling under the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents [the sentence] above sentencing factors and the defendant recognized their mistake, the degree of violation of the defendant’s duty of care, etc.

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