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(영문) 대전지방법원 천안지원 2017.11.30 2017고단2429
교통사고처리특례법위반(치사)
Text

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

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall drive a car frequently or frequently.

On September 26, 2017, around 18:50, the Defendant proceeded at the speed of about 60km from the right side to the air conditioners, along with one road in front of the E, Asan City, Asan-si D.

At the time, it is night and its width is narrow, so in this case, the driver of the motor vehicle has a duty of care to prepare for the sudden situation or road condition while driving ahead.

Nevertheless, the Defendant did not find out the Victim F (M, 66 years of age) who was pushed down at the right side of the road due to negligence of neglecting a hand phone, leading the Defendant to go beyond the floor by receiving the victim’s blick part of the front part of the said car.

The victim was sent back to G hospital on the same day, but died due to the damage to the institution in the trauma h located in Asan-si around 20:20 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and on-site photographs;

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, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)) (Article 62(2)) (Article 62(1) of the Act on the Suspension of Execution) is not subject to punishment (Article 62(1) (Article 62(2) of the Act on the Suspension of Execution [Article 62(1)

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