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(영문) 대전지방법원 논산지원 2018.05.04 2018고단42
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 driving of B Poter Cargo Vehicles.

On October 28, 2017, the Defendant driven the above cargo vehicle around 16:20 on the 16:20th day of 2017, and turned to the left in the direction of king in the middle distance between the two-lanes in front of the 1476 U.S. S. S. S. S. S. S. S. S. S. and the turn to the left.

At the same time, one lane is the left-hand and the two lanes were straight lines, so in such cases, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle is safe by checking the front left and left-hand turn in accordance with the first lane, and that the driver of the motor vehicle has a duty of care to make a left-hand turn on the second lane.

Nevertheless, the defendant neglected this and received the right side part of the DCA 100 V Orala from the victim C (89 tax) which was left left at the same direction as the left turn by negligence on the left turn at the two-lanes.

As a result, the Defendant caused the death of the victim by occupational negligence in the F Hospital E on December 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a photo at the scene of an accident, and a death diagnosis report;

1. Investigation report (in the event of a traffic accident, etc.);

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, 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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant is not at the right-hand turn, but at a place other than the lane, and there was a big result of the victim's death.

Provided, That the punishment shall be determined as per the disposition in consideration of the confession, reflective points, and agreed with the bereaved family members of the victim.

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