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(영문) 광주지방법원 2018.12.13 2018고단4240
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 22:50 on June 1, 2018, the Defendant driven a low-speed car, and led the Defendant to drive on the right side of the vehicle, along the water-flowing road located on the side of the Seo-gu in Gwangju Seo-gu, Seo-gu. Since it was very difficult for the Defendant to safely drive the vehicle at night and without street lights, the Defendant neglected the duty of care to reduce speed and thoroughly examine the right and the right and the right of the vehicle, and caused the victim F (71 years old) who walked the road to the right side of the above vehicle by negligence to die the victim to the right side of the vehicle, at around 23:57 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident analysis and appraisal;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type Decision] 2 (Persons Causing Special Sentencing) of the Act on the Punishment of Traffic Accidents - [Determination in the sphere of recommendation] Reduction [Scope of Recommendation] / [Prohibition in the sphere of recommendation] 4 months to 1 year / No history of criminal punishment / [Determination in general sentencing] / The above sentencing factors and the defendant recognize their mistake / The above sentencing factors and the defendant recognize their mistake, degree of violation of their respective duty of care by the defendant and the victim, health conditions of the defendant, etc.

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