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(영문) 광주지방법원 2018.12.13 2018고단4075
교통사고처리특례법위반(치사)
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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 August 26, 2018, the Defendant driven a rocketing car at C. 07:26 on August 26, 2018, and had the victim died due to a low blood shock on April 4, 08 of the same day, on the ground that the Defendant was under a duty of care to safely drive, such as reducing speed and sprinking well, while neglecting the duty of care to drive safely. Thus, the Defendant, at the same time, driven the E-Poter Cargo driven at the same time (67 years old) with the front part of the left part of the said M. T. B. car, and caused the victim to die due to a low blood shock on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. G statements;

1. Each photograph (the list Nos. 5, 24);

1. Each report on internal investigation (the sequence 18,19,20 of the evidence list);

1. Each CD (Evidence 18-1, 19-1, 20-1)

1. Application of Acts and subordinate statutes to death 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 of the Act on the Punishment of Traffic Accidents - In the event that there are considerable negligence on the occurrence of traffic accidents or the expansion of damage to the victim, the victim of the mitigation element is not subject to punishment [the scope of recommendation] 2 months to 1 year [the scope of recommendation] to 2 months [the scope of recommendation] to 1 year [the person subject to general sentencing] to 3 months to 3 years [the decision of sentence] to 4 years to 30 years to 30 years to 40 years to 30 years to 40 years to 40

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