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(영문) 대전지방법원 공주지원 2017.05.26 2017고단40
교통사고처리특례법위반(치사)
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 engaged in the operation of Cystren's car.

On November 15, 2016, the Defendant driven the above vehicle around 13:50 on the 15th day of November, 2016, and proceeded from the side of the public correctional institution to the South apartment of about 30-40 kilometers in speed, depending on the two-lane road in front of the Gongju City.

There is an intersection where a red on-and-off signal, etc. is installed, and the FDS50 occa, which is operated by the victim E (76 cc.) on the right side from the left side of the proceeding direction, has entered the intersection in accordance with the yellow on-and-off signals, so the driver has a duty of care to prevent accidents by driving the intersection in accordance with the signals of the signal apparatus.

Nevertheless, the defendant did not temporarily stop and proceeded with the signal as it is without a temporary stop and had the victim go beyond the floor by taking the front part of the above rocketing car in front of the above rocketing car.

Ultimately, the Defendant caused the victim’s death at around 03:30 on April 6, 2017 while receiving treatment from Daejeon District University Hospital due to multiple organs, etc. by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident (1) and investigation reports;

1. A death certificate;

1. Application of accident scene photographs, CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] the area of mitigation (4 months to 1 year), [the person with special mitigation] punishment not to punish (including efforts to recover damage] [the decision of sentence] the serious result of the victim's death due to the instant traffic accident.

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