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(영문) 대전지방법원 홍성지원 2015.11.27 2015고단935
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM3 car.

At around 13:50 on August 18, 2015, the Defendant proceeded ahead of it to the movable property intersection from the new side, along with a one-lane road in front of it, from the front side of the west-gu budget-gun.

At this point, there is a center line of yellow solid lines, so in such a case, the person engaged in the automobile driving duty has a duty of care to operate without exceeding the central line by properly manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to drive a stroke while driving the stroke, and due to negligence going beyond the central line, received the full part of the victim D's EINI Oral part of the said car as the front part of the said car.

Accordingly, the Defendant caused the victim to die due to such occupational negligence on September 3, 2015, at a single university hospital located in 201, in the Gangnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a traffic accident report;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [Scope of Recommendation] General traffic accident [Article 62-2] The records and arguments of this case are shown as follows: (a) the mitigated area of punishment [Article 2(3) of the Criminal Code [Article 62(1) of the Order to Attend a lecture] [Article 6(1) of the Punishment of Traffic Accidents [Special Mitigation] [Pronouncement Decision] [Article 6(1) of the Punishment of Specific Traffic Accidents [Article 7(1) of the Punishment of Specific Traffic Accidents] [Article 62(1) of the Punishment of Specific Traffic Crimes; (b) June of imprisonment without prison labor; (c) the Defendant

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