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(영문) 대전지방법원 논산지원 2017.06.09 2017고단228

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving CR-V automobiles.

On February 18, 2017, the Defendant driven the above car at around 15:50 on February 15, 2017, and came to turn to the right from the head of the Home Pestestest in the vicinity of the 304 main stream of the mountain of the mountain of the mountain of the 304 main stream of the mountain of the mountain of the mountain of the Republic of Korea.

Since there is a left left-hand turn sign at the time of making it such as green, there was a duty of care to prevent the left-hand turn from the accident in advance by making a person engaged in driving service well see the front side and left-hand side, and preventing any interference with the vehicle driving on the opposite side.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and received the full part of the Defendant’s driving vehicle DoVL125CC, which was driven by the victim C(58 tax) in accordance with green signals on the opposite lane.

Ultimately, the Defendant caused the death of a victim who was under the follow-up treatment due to occupational negligence at the Seo-gu Daejeon District Hospital on March 9, 2017, where around 13:50 was located in Seosan-gu, Daejeon.

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. Application of Acts and subordinate statutes on site 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 of the suspended sentence [the scope of recommended punishment] The mitigated area (4 to 1 year) of the mitigated area (including special mitigated persons), [including efforts to recover damage] of the mitigated area of punishment [the decision of sentencing] [the decision of sentence] the result of the crime such as the death of the victim due to the instant accident, but the defendant is against the mistake, the primary crime is the first one, the victim and his bereaved family members agree with the victim, the victim and his/her bereaved family members are covered by the comprehensive automobile insurance.