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(영문) 광주지방법원 2021.01.20 2020고단5096
교통사고처리특례법위반(치사)
Text

The punishment of a defendant shall be determined by a credit cooperative for ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 26, 2020, the Defendant is a person engaged in driving a vehicle B, and around 1:34 on August 26, 2020, the Defendant changed the lane to a three-lane in order to enter into D while driving a two-lane from the high-speed intersection in Gwangju Northern-gu to the west intersection. In such a case, a person engaged in driving a motor vehicle shall accurately operate the steering direction, brakes, and other devices of the motor vehicle, and a person engaged in driving a motor vehicle shall faithfully report the traffic situation of front, rear, left, and right and right and right and right and the vehicle has a duty of care to prevent accidents due to a safe driving of the motor vehicle in the same direction as that of the occupational negligence, and caused the victim E (the victim E, 46 years old) (the left-hand side of the F125CC motor vehicle in the same direction to conflict with the two-lane passenger vehicle in front of the above 20-lane passenger vehicle, and caused the death of the victim to conflict with the two-lane passenger.

Summary of Evidence

1. Statement of the police made by the defendant to H in the court;

1. A survey report on actual conditions;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] the death of a traffic accident [the person subject to special sentencing] - the elements of mitigation: the scope of punishment [the area of recommendation and the scope of recommendation] mitigation area, 4 months to 1 year [the person subject to general sentencing], 4 months to 4 years [the mitigated elements]: the purchase of a comprehensive motor vehicle insurance, serious reflectness, and no record of criminal punishment [the grounds for suspended execution] - The principal grounds for recognition include no penalty penalty, no record of criminal punishment, and the major grounds for death.

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