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(영문) 광주지방법원 2018.04.26 2018고단756
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

Around 06:45 on January 20, 2018, the Defendant driven a C SP T-type car and proceeded to a long distance outflow in the area of bankruptcy. At the time, there was a new wall at the time, so, the Defendant had a duty of care to see the front bank well and to prevent accidents by accurately operating the steering gear and operating the steering gear, and to prevent accidents in advance, but the Defendant neglected to do so, caused the Defendant’s death of the victim FF (86 years, n, n, n) who was crossing the right side from the left side of the running direction of the said vehicle by driving the vehicle at the front part of the said vehicle. At around 12:47 of the same day, the Defendant caused the death of the victim due to low blood shock shock, etc. caused by traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A death certificate;

1. A photograph of each accident;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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 [In-depth Decision] Traffic Accidents - Type 2 (In-depth Traffic Accidents Death, etc.) [Special Sentencing Appellant] - [Determination in the sphere of recommendation] mitigation area / [Scope of recommendation] 4 months to 1 year / No history of criminal punishment - No history of criminal punishment / [Determination in a general sentencing person] / Determination in the above sentencing person and Defendant’s breach of duty of care / all the circumstances, such as the degree of violation of duty of care

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