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(영문) 대전지방법원 홍성지원 2015.01.28 2014고단719

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for 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 Bone Star Co., Ltd.

At around 21:00 on September 12, 2014, the Defendant driven the said Lone Star Co., Ltd., and led to the left-hand turn at about 20 km in the city, speed, and the front distance of the apartment in the Western-gun, Seocheon-gun, Seocheon-gun, Seocheon-gu, Seocheon-gun, to the front distance of the apartment from the boundary of the new apartment distance, and to the front distance of the apartment in the front of the apartment from Seocheon-gu, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-

Since the location is a three-distance intersection where traffic is not controlled, there was a duty of care to reduce the speed to a person engaged in driving service and to yield the course to a person driving a vehicle driving in a straight-distance.

Nevertheless, the defendant did not yield the course to the straight-on vehicle without the right-hand left-hand turn due to the negligence of leaving the right-hand turn, and did not discover the error of the victim C (the age of 52) driving that was going to the front of the new apartment at the Round of the Ro-ri in the Ro-rith of the Madan Sea Hospital, and did not find the lebane of the victim C (the age of 52) and did not conflict with the front right-hand part of the above Roto-on vehicle

Ultimately, at around 15:30 on the 13th day of the same month, the Defendant caused the death of a victim at the 149 East Gun Hospital due to the 149 East Gun Hospital due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs of traffic accidents;

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. The reasons for the suspended sentence of Article 62(1) of the Criminal Act [the scope of statutory sentences] the reasons for the sentencing [the application of the sentencing criteria] under Article 62(1) of the Criminal Act [the scope of statutory sentences] from one to five years (the application of the sentencing criteria]: Traffic crimes, general traffic accidents, and special sentencing factors (the death of traffic accidents): the recommended range of punishment not to be imposed.