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(영문) 광주지방법원 순천지원 2014.09.19 2014고단1096
교통사고처리특례법위반
Text

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

except that 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

The defendant is a person engaged in driving a gallon car.

Around 12:00 on February 19, 2014, the Defendant driven the above vehicle and proceeded at the speed of about 20 km from the front side of the cambund computer lag-ro 1773, Goung-gun, Goung-gun, Goung-gun, Goung-gun, Goung-gun, to the speed of about 17km at the speed of about 20 km from the front side of the cambal, Goung-dong, Gwangju bank. On the other hand, the Defendant failed to properly operate the steering direction and brake system, caused the collision of the parts of the dive bargaining vehicle stopped on the right side of the above road, and then entered the victim E (the age of 76) who was walking on the right side of the above road, leading to the death of the diver shock caused by the diver shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and I;

1. A traffic accident report (one report);

1. The actual condition of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for the suspended sentence) [the scope of recommendation] of the general traffic accident type 2 (the scope of April to October), the mitigation area (including the specially mitigated person), the mitigation area (including the efforts to recover from damage), the punishment not (including the advanced efforts to recover damage), [the decision of sentence] six months without prison labor, and the suspension of execution 2 years, resulting in a serious consequence of the death of the victim who did not have any error due to the traffic accident caused by the Defendant for two years.

However, it is decided as per Disposition in consideration of the following: (a) the Defendant reflects the instant crime; (b) there is no criminal record due to the same kind of traffic accident other than minor criminal records; (c) the bereaved family members of the victim have agreed smoothly with the victim; and (d) the elderly health is not good

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