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광주지방법원 2018.04.12 2018고단315
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 December 25, 2017, at around 22:34, the Defendant driven a car in CSpo City, and proceeded to turn to the left at the seat of the KBC broadcasting station in the GBC, which is located in the south-gu, Nam-gu, Gwangju, by one-laned road, at the center of the KBC Broadcasting Station located in the south-gu, Gwangju. At that time, the Defendant was at night and without any signal at that time, and the left turn to the left was at night. Therefore, the Defendant was at the right time and left turn to the left, while neglecting the duty of care to prevent traffic accidents in advance, and caused the death of the victim of D (17 years old) who was without a license plate operated by the victim D (17 years old) who was working in the opposite lane due to negligence while neglecting the duty of care to prevent the traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each photograph (the list Nos. 6, 7,9);

1. A death certificate;

1. Application of CD-related Acts and subordinate statutes

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 Education / [Determination of Type] 2 (Special Person Causing Traffic Accidents Death, etc.) - [The scope of recommendation area] mitigation area / [the scope of recommendation area] reduction area / [the scope of recommendation area] 4 months to 1 year [the general person subject to sentencing] reduction area / there is no criminal punishment for mitigation elements / [decision of sentence] The above sentencing factors and the defendant recognize their mistake, violation of the defendant's duty of care, etc.

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