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(영문) 광주지방법원 2018.11.29 2018고단4002
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On September 17, 2018, the Defendant driving a Cpoter II cargo vehicle at Cpoter on September 19:10, 2018, and proceeded to the intersection of the Epolymp road in the direction of the vehicle, along the one lane in front of the Jung-gun D, the Defendant: (a) neglected the duty of care to safely drive the vehicle, such as the power failure to do so; (b) caused the victim E (72 years of age, in the front part of the right side of the vehicle driving the vehicle to the right side of the vehicle; and (c) caused the victim to die by the long-term damage of 19:42 on the same day 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. Blue boxes and video CDs;

1. An accident scene photograph;

1. Application of statutes to copies of autopsy certificates;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type Decision] 2 (Persons Causing Special Sentencing) of the Act on the Punishment of Traffic Accidents - [Determination in the territory of recommendation] In the mitigated area / [the scope of recommendation] / [the scope of recommendation] 4 months to 1 year [the person who is subject to general sentencing] - there is no record of criminal punishment (decision in the above sentencing] / The above sentencing factors and the defendant recognize their mistakes, and the degree of violation of the duty of care by the defendant and the victim shall be considered.

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