(영문) 광주지방법원 2018.05.24 2017고단5805

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.05.24 2017고단5805

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On September 30, 2017, the Defendant driving a Cuber car at a speed of 04:14, which led to the passage of the instant vehicle into the front part of the vehicle, and the victim F (23 tax) who was crossing the said road without permission at a speed of 93.4 km per hour by driving the vehicle at a speed of 93.4 km per hour and driving the vehicle at the right right from the left side of the said vehicle, resulting in the death of the victim by pressure between brain pressure around 15:03 on October 7, 2017, because the above road was at night and the speed of the road was 60 km per hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A copy of a death certificate;

1. A traffic accident analysis and appraisal report (the sequence 13 of the evidence list);

1. Application of each accident photograph and CD-related statute;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Special Cases concerning the Protection, Observation, etc. of Traffic Accidents [Determination of Type] 2 (Special Sentencing) of the Act on the Protection, etc. of Traffic Accidents - Where the victim of a traffic accident is at considerable negligence in the occurrence of or the expansion of damage from a traffic accident, [Determination of the territory of recommendation] mitigation area [the scope of recommendation] from April to 1 year [general sentencing person] - In cases falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (determination of sentence] - In cases where the above sentencing person and the defendant are recognized of their mistake, the degree of violation of the duty of care of the defendant, the criminal records of the defendant, etc.

참조조문

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