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(영문) 대전지방법원 홍성지원 2016.02.17 2015고단1126
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 C Poter cargo vehicle.

On September 5, 2015, the Defendant driven an above cargo vehicle around 8:20 on September 5, 2015, and led to the intersection of a three-distance distance from the valleyd site located at the enclosed budget-gun to the cheon-ri side from the budget.

In such a case, the driver of a motor vehicle had a duty of care to prevent accidents by properly operating the steering gear and brake system in advance and by keeping the right side of the road and keeping the right side of the road on the right side of the road.

Nevertheless, the Defendant neglected this and received the part on the left hand hand hand hand of the victim D's driving E 100 Oral 100 Oral Hand, which was proceeding at the edge of the right-hand road due to the negligence that led to the right-hand turn of the cargo vehicle.

As a result, the Defendant caused the victim to die by occupational negligence on October 3, 2015, at the 31stm of the 6th century in South-dong, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Namcheon-gu, Namcheon-gu, Yancheon-gu, Seoul, to cause the victim's death by blood transfusion during the treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A corpse death certificate (D);

1. A traffic accident report;

1. Application of 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [the scope of applicable sentences under the law] the reason for sentencing under Article 62-2 of the same Act [the scope of applicable sentences] shall be one to five years (the application of sentencing guidelines] by imprisonment without prison labor: traffic crimes, general traffic accidents, type 2 (Death or Injury of Traffic Accidents): The area of recommendation and the scope of recommendation recommended by a person who has no relevant person: The basic area, the area of imprisonment without prison labor for not less than eight months, but not more than one year and six months (the decision of sentence], and

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