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(영문) 대전지방법원 천안지원 2016.04.15 2015고단1869

교통사고처리특례법위반

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

The Defendant is a person who is engaged in driving of freight vehicles C Ⅱ.

On July 21, 2015, around 14:35, 2015, the Defendant continued the upper roads of the “E” restaurant located in the Southern-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to go from the underground vehicular road of the office, to the euksan-do and the eukuksan-do, and became the opposite etern.

Since there is a center line where the U.S. is prohibited, in such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent accidents by safely driving the center line without permission, such as checking the front line and the right and the right and the right and the right and the right and the right and the right and the right and the right of the motor vehicle, accurately manipulating the steering direction and the brake system of the motor vehicle, etc.

Nevertheless, the Defendant neglected this and caused the death of the victim F (72 years of age) who was on the part of the upper part of the front part of the Defendant’s GCA110 bicycle driving GCA110 engine device f (72 years of age), which was on the part of the above cargo vehicle, due to its shocking the central line, and was on the part of the victim F (72 years of age) who was on the part of the airball in the sea area in the Yan-Ancheon National University of Mancheon-ro, 15:34 of the same day, and caused the victim’s death due to the damage to the scarf during the transmission treatment at the Yancheon-do Hospital located in the same 6-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual conditions, on-site map, and on-site map;

1. A death certificate;

1. Application of Acts and subordinate statutes, such as site and vehicle photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] and the grounds for the sentencing of Article 62-2 of the Criminal Act [the scope of recommended punishment] and the mitigated area (4 months to October) [the person subject to special mitigation] [including efforts to recover damage], and the defendant's failure to punish [the sentence] [the defendant invadedd the central line and caused the victim's death.]