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(영문) 광주지방법원 2019.01.24 2018고단4880
교통사고처리특례법위반(치사)
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Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

On September 20, 2018, the Defendant driving a B B B Poter and had the victim C (64 years old) crossing the said road at the right side of the said cargo vehicle due to the negligence of driving the vehicle while failing to perform the duty of care to safely drive the road, such as a thorough operation of steering devices and brake devices, etc., at the second cycle, the Defendant went to the left at the right side of the 20th king of Gwangju Northern-gu. On September 24, 2018, the Defendant: (a) caused the victim C (64 years old) who walked the said road to the right side of the said cargo vehicle; (b) caused the death of the victim due to a brain pressure caused by a bovine spongiformiform encephalopathy on September 24, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph (Nos. 5 and 6 of the evidence list);

1. A death certificate;

1. Application of CCTV-related Acts and subordinate statutes;

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;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] for General Traffic Accidents (Special Convicts) - Non-conformity with the mitigated elements [Determination of the recommended area] [Determination of the sentencing range] 4 months to 1 year [Determination of the recommended area] 4 months to 1 year [Determination of the sentencing range], the above sentencing factors and the defendant's mistake are recognized, the defendant has no same criminal record, the defendant and the victim's violation of the duty of care shall be considered.

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