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(영문) 대전지방법원 2018.06.28 2018고단1214
교통사고처리특례법위반(치사)
Text

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

However, 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

The defendant is a person who is engaged in driving of a low-priced passenger vehicle B.

On October 4, 2017, the Defendant driven the above vehicle at around 16:00, while driving the vehicle, and driving the vehicle at a one-lane distance in the direction of the former surface in the direction of the U.S. left the left at the direction of the U.S. surface while driving the vehicle at a four-lane distance in the direction of the former surface. In such cases, the Defendant has a duty of care to safely check the right and the right and the right of the driver before and after.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, brought the front part of the D Launa, which was straighted in the opposite line, to the right side of the Defendant’s vehicle.

The Defendant caused the death of the victim E, who was accompanied by the above rocketing vehicle due to occupational negligence, i.e., e., an external shock blood, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C and F;

1. Occurrence of a traffic accident;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The following factors are considered: (a) the mitigation area (4-1 year) (including special mitigation persons) [including serious efforts to recover damage] of the mitigation area; (b) the occurrence of the occurrence, punishment non-won, primary offender; (c) social relationship; and (d) the serious reflectness.

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