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(영문) 대전지방법원 2015.05.15 2015고단141
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

except that 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

On September 12, 2014, at around 11:00, the Defendant driven a e-car in front of the D convenience point in Sejong, and proceeded with a e-car in front of the Cheongju-si by a joint signature in the Cheongju-si. On September 12, 2014, the Defendant led to the road of the e-car in the face of Daejeon-do and the Maju-si intersection.

In this case, the Defendant confirmed whether there are other vehicles to pass through the intersection while temporarily stopping or slowly driving, and violated the duty of care to enter the intersection, and caused the occupational negligence of entering the intersection as is, without violating the duty of care to do so, the victim F (the age of 69) driven by the victim F. (the age of 69) driving on the right side from the left side of the Defendant’s course to the right side of the one-lane road.

Accordingly, around 08:25 on September 19, 2014, the victim F caused the death of the victim F by brain escape from cerebral cerebral cerebralop and brain side at the Hea-si H Hospital in Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1)

1. A report on investigation (the first investigation of a shote);

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

2. Article 62 (1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Determination of Punishment] Traffic Accidents in Type 2 [Special Convicts] - Where there is a substantial negligence for the occurrence of traffic accidents or the expansion of damage to victims of mitigation elements [Scope of Recommendation Sentence] from April to October (General Convicts] - Application of the Special Provisions of the School Act [Scope of Punishment] - Application of the Special Provisions of the Special Provisions of the School Act: One to five years [whether suspended sentence is suspended] - The main reasons for major reference are positive: In a case where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage, the reason for general reference is positive.

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