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(영문) 광주지방법원 순천지원 2020.05.20 2019고단3087
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On December 10, 2019, the Defendant, who is engaged in the driving of Lone Star Co., Ltd., was driving the said passenger car 16:32 on December 16, 2019, and proceeded with the victim E (the age of 78) who is faced with the central line due to the strokeing of the stroke while driving the said car from the stroke to the strokeing area.

Ultimately, the Defendant caused the death of the victim by occupational negligence due to cerebral cerebrovassis while receiving medical treatment at the emergency room of the F Hospital on December 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [type 2] the death of a traffic accident [special person] the element of mitigation: [including a serious effort to recover damage] [the scope of the recommended area and the recommended sentence] mitigation area, imprisonment without prison labor for not less than four months to one year [the general person] mitigation element: subscription to the comprehensive motor vehicle insurance, serious reflectness, and no record of criminal punishment [ there are reasons for suspension of execution] - There are no major pride grounds for punishment: no record of criminal punishment: If death or serious injury occurs - The reason for general pride is clear social relation, serious reflectness, comprehensive motor vehicle insurance.

3. Determination of sentence: Six months of imprisonment without prison labor and one year of suspended execution;

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