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(영문) 대전지방법원 2017.06.02 2017고단910
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B Kazon vehicles.

On January 6, 2017, around 07:05, the Defendant driven the said vehicle at a one-lane way in front of the D gas station in Sejong City, while driving the said vehicle at a one-lane speed in front of the D gas station in the measure source, and driving the vehicle at the speed of the non-speed from the discharge of the measure source to the mouth.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to live well in the front line and to prevent accidents due to good faith.

Nevertheless, the Defendant neglected this and found, by negligence, the middle line to overtake a vehicle driving ahead of it, at the right edge, the e-mail vehicle in the right edge, at the right edge, and received the victim F (W, 53 years old) who was walking along the remaining side of the road over which the Hand operated the Hand to the left edge to avoid a collision.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in a university hospital located in Chungcheongbuk-do, around 07:55 on the same day due to the severe damage to the two.

Summary of Evidence

1. Statement by the defendant in court;

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

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. The grounds for sentencing under Article 62(1) of the Criminal Act are reflected in the suspended sentence, the first offense, the bereaved family agreement, the degree of negligence of the defendant, etc.

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