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(영문) 대전지방법원 2018.11.16 2018고단2674
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 has been engaged in driving of a C-learning car.

On July 27, 2018, the Defendant driven the above car on July 21:15, 2018, and led to turn to the left at a right speed from the four-distance side to the right edge of the galth line along the two-lane distance.

In such cases, the driver of a motor vehicle has a duty of care to protect the accident in advance by putting the traffic situation on the front side according to the traffic signals and accurately operating the steering gear and brakes so as to safely turn to the left.

Nevertheless, the Defendant neglected this and changed the green left turn signal to the yellow signal, and caused the left turn of the said car to the front part of the said car driven by the Defendant, with the front part of the said car driven by the Defendant, and caused the victim to go beyond the ground by taking the front part of the E-wheeled Automobile owned by the victim D( South, 43 years old) operated from the front side to the fourth distance from the green straight line, and continued to go the said car to the ground.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on July 28, 2018, such as the cage of cage at a university hospital located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, and the Dapus cage damage caused by a tension with tension.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the punishment as ordered shall be determined by taking into consideration all the circumstances, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, under the conditions specified in the suspended sentence;

Unfavorable circumstances: Risk of violation of signal, seriousness of result, and comprehensive insurance.

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