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(영문) 대전지방법원 논산지원 2017.09.29 2017고단445
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 a period of 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 the operation of Bknife vehicle.

On May 8, 2017, the Defendant, at around 17:20 around 17:20, proceeded from west to west by the parallel of the walls in the 73 west of the two screen screen of the Chungcheongnam-gun, Chungcheongnam-gun.

There was a duty of care to prevent accidents by checking whether a vehicle has entered the intersection or not, and due care was given to other traffic, since there was a cross-road crossing with a yellow on-and-off signal, so the driver of the motor vehicle has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and proceeded to turn to the left from the wall side of the above intersection by negligence, which led to the Defendant’s failure to turn to the left from the surface of the water at the above intersection C (79 tax). The left part of the front part of the drive of the Defendant’s vehicle was shocked with the front part of the vehicle.

Ultimately, the Defendant shocked the victim due to the above occupational negligence and had the victim receive treatment by a chilling the chill, and caused the victim’s death at around 00:10 on May 9, 2017, which was the next day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Blue Image Data);

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) [Attachment 2] Reduction Area (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act / [Article 62(2) of the Act on the Suspension of Execution] [Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1) of the Act on the Suspension of Execution [Article 62(1)(Article 62(1)(Article 6

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