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(영문) 대전지방법원 천안지원 2017.04.20 2017고단293
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant shall drive a motor vehicle frequently or frequently.

On December 8, 2016, the Defendant driven the above car at a speed of about 103 km in the speed of 103 km from the budget to the side of the D cafeteria located in Asan City, Asan-si. The Defendant proceeded at a speed of about 103 km from the budget to the budget.

At the time, the brue road was damp and there was a crosswalk installed on the front side of the road at the speed of 80 km. In such a case, the driver of the motor vehicle was driving the motor vehicle by checking whether there was a person to reduce the speed and to set up the road well.

Nevertheless, the defendant neglected this and caused the victim E (the 16-year old) who crosses the road to the right side from the left side of the running direction due to the negligence of driving beyond a limited speed without neglecting it, and caused the victim to go beyond the ground.

On December 9, 2016, 01:09 around 01:09, the victim died from cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Bribery at the Yancheon-gu Hospital affiliated with the Yancheon-gu University affiliated with the Namcheon-gu University.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. On-site photographs;

1. A death certificate;

1. An analysis of traffic accidents;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as above.

(b)bed;

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