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(영문) 대전지방법원 논산지원 2016.09.09 2016고단352
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 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 of a motor vehicle B, sod XD.

On June 5, 2016, the Defendant driven the above-mentioned vehicle on June 18:25, 2016, and driven the intersection where traffic control is not carried out by driving on a speed of about 70 kilometers from the sloping to the red sloping area at the speed of about a speed of 50 kilometers from the sloping to the sloping.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to yield the course from another road to prevent accidents in advance when there is a motor vehicle already entering the intersection.

Nevertheless, the defendant neglected this and proceeds as it is, and the victim C (88 tax) who first enters the intersection from the right side of the running direction of the defendant and drives the intersection, received the back part of the DNA Oba in front of the defendant's vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence on June 5, 2016 at the hospital granting 200 YY-ro 21:00 Ganyang University Hospital located in 200, in the case of a low-blood shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

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 Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. by Traffic Accidents) [In April 1 to 1] Reduction Area (including Special Mitigations] / Decision of Sentence / Decision of Sentence / Decision of Sentence / Decision of Sentence ] Death of the victim due to the accident in this case, etc., but the result of the crime is weak, such as the death of the victim, but the defendant is against mistake and the first offender, the defendant has agreed that the victim and his/her bereaved family members have reached a smooth agreement.

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