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(영문) 광주지방법원 2018.03.29 2018고단2
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

Around 13:45 on November 12, 2017, the Defendant was driving CK5 car at CK5 on the right side of the said car and continued to drive it into the front side of the CK5 car, and the Defendant could enter another vehicle at the right side of the running direction of the said car by using a three-distance crossing. Therefore, even though there was a duty of care to safely drive the vehicle by living well at the front side and the left side of the vehicle, the Defendant did not find an Oral part of the victim E (68 years old) moving from the right side of the said car driving direction, which entered the said road without discovery of an Oral part of the victim E (68 years old) moving from the right side of the said car, and caused the death of the victim due to low blood shock around 15:19 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. 5, 12 through 14, 21);

1. A copy of a death certificate;

1. A report on investigation (where relevant witness G or telephone investigation is conducted);

1. Application of the CDA (Scambling video) 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. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents [the type of determination] - Type 2 (Special Sentencing Person) of the General Traffic Accidents (including the death of traffic accidents) - [the decision on the territory of recommendation] mitigation area / [the scope of recommendation / 4 months to 1 year [the general sentencing person] mitigation area / No history of criminal punishment for mitigation elements / [the decision on sentence ] The above sentencing person and the degree of violation of the duty of care by the defendant, etc.

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