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(영문) 광주지방법원 2018.07.19 2018고단1962
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant driving a D-F T transport vehicle at around 22:18, and went into the jurisdiction of a Korean hospital in the vicinity of the upper middle school located in the bank in Seo-gu, Seo-gu, Gwangju. The Defendant neglected the duty of care to safely drive the said vehicle by failing to do so, thereby causing the victim E (64 years old) who illegally crossed the said road to the port from the right side of the said passenger vehicle to the right side of the said passenger vehicle. On February 16, 2018, the Defendant took the victim E (64 years old) who driven the said road to the port from the right side of the said passenger vehicle and caused the victim’s death due to the pressure of brain pressure caused by the blood transfusion at around 13:11, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each photograph (the sequence 3,13 in the list of evidence);

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

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 the Protection, Observation, etc. of Order to Attend shall be considered as follows: (a) Type 2 (Special Sentencing) of traffic accidents in general; (b) In the event the victim of a traffic accident was at considerable fault in the occurrence of or the expansion of damage from the traffic accident; (c) in the area of special mitigation [the scope of recommendation] [the scope of recommendation] from February to one year [the general person subject to sentencing] from February to one year [the person subject to aggravated punishment] of the same type of criminal conviction [the decision subject to aggravated punishment] and the defendant's mistake are recognized; and (d) degree of violation of the defendant's duty of care.

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