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(영문) 대전지방법원 2017.02.03 2016고단2170
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C carren car.

On May 28, 2016, around 16:24, the Defendant came to turn to the left at a speed of about 10 km from the south-gu training site for the South-gu Reserve Forces located in Samsung Samsung-gu, Nam-gu, Nam-gu, Namcheon-gu, Namcheon-gu, Namcheon-do to the left right at a speed of about 10 km from the boundary of the South-do Reserve Forces in Korea to the boom

At that time, there was a non-protection left-hand turn for both directions green signal, so there was a duty of care to safely drive the vehicle and prevent the accident in advance by checking whether there is a vehicle directly engaged in the driver of the vehicle in the opposite line by reducing the speed and checking well the right and the right of the vehicle.

Nevertheless, the Defendant neglected to turn to the left as it was, and found that the victim D(34) who was driven by the green signals was immediately driven by the victim D(34) who was driven by the victim D(34) under the green signals, and operated it to avoid this late. However, the Defendant did not avoid it and received the front part of the victim's automobile on the right side of the passenger car of the Defendant.

Ultimately, the Defendant caused the death of the victimized person due to the above occupational negligence due to the injury to the weight of death.

Summary of Evidence

1. Entry of the traffic accident report;

1. Images of an accident video;

1. A diagnosis letter of death (Article 8 (2) and attached Table 6 of the Enforcement Rule of the Road Traffic Act provide that a non-protective left-hand left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on shall not be obstructed by vehicles coming from the opposite side at the time of the proceeding signal).

Comprehensively taking account of the evidence held by the court below, the application of the law to the defendant's non-protective left-hand turn may be recognized as the death of the victim due to negligence in the course of business where the defendant reduced the speed or did not live well

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

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