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(영문) 대전지방법원 논산지원 2016.06.21 2016고단57
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 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 motor vehicle with sod motor vehicle.

On October 7, 2015, the Defendant driven the above car at around 07:30 on October 7, 2015, and continued to proceed from the right side of the tinc intersection located in the tinc riri, Chungcheongnam-nam, Chungcheongnam-nam, to the tinc intersection.

At the same time, there is a duty of care to check whether another vehicle is in progress by temporarily stopping before entering the intersection and checking the right and the right and the right of the vehicle is safe, since it is a blind-distance intersection where a red on-and-off signal is installed.

Nevertheless, the Defendant neglected this and did not temporarily stop the said accident due to the occupational negligence that entered the intersection as it is, and followed by the driver’s negligence, which led to the intersection from the tin middle school to the direction of the direction of the direction of the driver’s vehicle of the victim E (57 ).

Ultimately, the Defendant’s occupational negligence caused the death of the victim E due to brain hypical damage caused by respiratory part at a white hospital located in the Maamamamama-dong at the end of 01:30 of the same month of the same month, and was accompanied by the said macep car.

In G (n, 55 years old) suffered injury, including four or more of the four weeks of medical treatment, such as dynasium, and the victim H (32 years old), for about three weeks of medical treatment, such as dynasium and tension.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

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

1. Application of Acts and subordinate statutes to death certificates and medical certificates;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the observation of protection, order to attend lectures and order to provide community service order.

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