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(영문) 대전지방법원 천안지원 2018.05.11 2018고단183

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving QM5 automobiles.

On October 24, 2017, the Defendant driven the above car at around 22:30, and made a left-hand turn to the right-hand turn on the main road, while driving the road of 3-lane 69 in the north-gu, west-gu, west-gu, Seoan-gu along the airspace of the 3-lane 69-lane from the north-gu, Seoan-gu to the sports complex along the one-lane of the road.

At the time, there is a signal device at night and there is an intersection to make a left-hand turn to the right-hand signals. In such a case, there was a duty of care to safely drive the motor vehicle by checking whether there is a motor vehicle driven in the opposite direction in the driver of the motor vehicle, and accurately operating the steering and brakes to the left-hand turn.

However, the Defendant neglected this and received the front part of the registered 125C Orala, which was driven by the injured party C (17 tax) under the new subparagraph, at the right direction of the Defendant’s proceeding by negligence, to the front part of the said car, from the front part of the driver’s right direction.

As a result, the Defendant caused the victim to die due to such occupational negligence on November 23, 2017, around 06:15, the Defendant caused the victim to die due to cerebral maritha due to the surgery of a single-state university located in 201, South-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. A death certificate;

1. Application of statutes on field photographs;

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 Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] ordinary traffic accidents, the types of two (the resulting in special mitigation) (the resulting in a traffic accident) are not punishable.