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(영문) 광주지방법원 2018.11.29 2018고단3981
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 August 28, 2018, the Defendant driven a coos car in B, around 20:12, while driving the coos car in front of Gwangju Nam-gu, the Defendant continued to drive the coos car into the coos-distance outflow from the c left of the c left of the chill. The Defendant neglected the duty of care to safely drive the coos, such as the power failure, while neglecting the duty of care to safely drive the coos, and caused the victim to die in the coos-ray shock on the same day at around 20:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each photograph (the sequence 5,8 of the evidence list);

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 a School, [type determination] - Type 2 (Special Sentencing Person) of the General Traffic Accidents (Death, etc. in Traffic Accidents) - When the victim was at considerable negligence due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment [the scope of recommendation] special mitigation area [the scope of recommendation] from February to one year [the sentence] above Sentencing Persons and Defendant's criminal records, degree of violation of duty of care, etc.

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