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(영문) 대전지방법원 2016.08.10 2016고단1745
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in driving of C11 tons and cargo vehicles.

On April 18, 2016, the Defendant was driving three lanes in front of the gas station E, Daejeon, Daejeon, on the other hand, the three lanes in front of the gas station E, which is located in Seo-gu, Daejeon, Seo-gu, Daejeon, and the above cargo vehicle was moving back to the right side of the back of the new coal industry room, without distinguishing the two lanes from the new coal industry room.

In such a case, a driver of a motor vehicle has neglected his duty of care to reduce speed and prevent accidents in advance by taking into account the right side of the motor vehicle, and has failed to discover the victim F(68) driver's bicycle driving on the right side of the motor vehicle from the right side of the motor vehicle due to negligence before leaving the right side of the motor vehicle by neglecting his/her duty of care, and has the victim go beyond the above bicycle going beyond the right side of the motor vehicle.

Accordingly, the defendant 1 caused the death of the above victim due to the suspension of cardiopulmonary function at the emergency room of the branch university hospital of the Dong, Seo-gu, Daejeon, Daejeon, due to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A corpse death certificate;

1. Each photograph;

1. Application of Acts and subordinate statutes to a internal report (to attach photographs ofCCTV images);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that he/she is insured by the Financial Cooperative, his/her bereaved family members do not want the punishment, and the fact that he/she reflects it);

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