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(영문) 대전지방법원 논산지원 2017.07.04 2017고단314

교통사고처리특례법위반(치사)등

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Defendant shall be punished by imprisonment without prison labor for a period of one year and two 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

The defendant is a person who is engaged in driving a Crane car.

On February 27, 2017, the Defendant driven the above car at around 14:50 on the 14th day of the 2017, and continued to drive the car at around 4:50,000, one way ahead of the Do in the direction of the river.

At this point, there is a center line of yellow solid lines, so in such cases, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the front line and safely.

Nevertheless, the Defendant neglected this and driven a stroke while driving a stroke in the middle line due to the negligence of driving the stroke, and received the front part of the FM7 passenger car for the victim E (70 Do) driving from the opposite opposite lane, as the front part of the Defendant’s driver’s stroke.

Ultimately, the Defendant, by such occupational negligence, sustained injury, such as a duplicating cage of the cuplic cuplic at approximately 57 years of age, from the victim G who was on board the driver’s flick vehicle (n, 57 years of age), to the victim E for approximately 6 weeks of injury, such as 2,3, and 5 hours of injury to the victim E, and the victim H (n, 71 years of age) who was on board the damaged vehicle for about 14 weeks of injury to the left-hand flup cupter of the upper-hand flick, which requires approximately 8 weeks of medical treatment, and died from the victim J (n, 68 years of age) on February 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Each investigation report (Submission of a medical certificate);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of imprisonment without prison labor for the option of punishment;