(영문) 광주지방법원 2018.09.06 2018고단2716

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(영문) 광주지방법원 2018.09.06 2018고단2716

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

Around 10:40 on April 28, 2018, the Defendant driven a Cbea cruise car and proceeded with a monthly distance at the seat of the headquarters located in the area of the new south-gun, Seoyangyang-gun. The Defendant neglected the Defendant’s duty of care to safely drive the E-Engine at a speed exceeding 22.7 km per hour above the speed of 22.7 km, and caused the victim to die with two parts of the E-Engine, which was driven by the victim D (the age of 81), driving on the port from the right side of the said car, by taking the front part of the front part of the said car’s right side, and on the same day, the victim died with two parts of the E-Engine at the speed of 11:39 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. Each photograph (the list Nos. 3 and 12);

1. A copy of a corpse inspection;

1. The CD;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Special Measures for the Protection, Observation, etc. of Traffic Accidents / [Determination of type] - Type 2 (Special Person Causing Traffic Accidents Death, etc.] - [The scope of recommendation area] mitigation area / [the scope of recommendation area] 4 months to 1 year [the scope of general sentencing person] mitigation area / there is no criminal record of mitigation element - Cases falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Aggravations of Traffic Accidents - Cases falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Aggravations of Traffic Accidents /

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