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(영문) 대전지방법원 천안지원 2019.10.31 2019고단2069
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for 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 duty of driving B car car.

At around 04:30 on June 9, 2019, the Defendant proceeded at a speed that is not known to D’s right from the side of the C’s “C” with the one-lane road in the direction of the C’s heading-ri 442-6, Dosan-ri, Do, Dosan-ri.

At the time of night, in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent traffic accidents by viewing the right and the right and accurately operating the steering system and the steering system.

Nevertheless, the Defendant neglected to perform his duties on the road with the victim F(F, 62 years old) and E, who was the passenger of the above Oral Ba, the passenger of the Oral Ba, who was the passenger of the above Oral Ba, was driven by E (W, 68 years old) which was driven by E (W, 68 years old).

Ultimately, the Defendant caused the victim F to die due to the above occupational negligence at around 04:50 on the same day due to the damage of chest beer f, which was being treated by H hospitals located in Chungcheongnam-nam Budget Group G, due to the damage of chest beer cage, during the process of being treated at H hospitals located in Chungcheongnam-nam Budget Group G.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes to vehicles involved in accidents, scenes, and photographs of changeers;

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. Article 62 (1) of the Criminal Act;

1. Consideration, such as the occurrence of the result that the victim's death for the reason of sentencing under Article 62-2 of the Criminal Act, the occurrence of a traffic accident by gross negligence of the defendant, the occurrence of a traffic accident by gross negligence of the defendant, the bereaved family and the original agreement, and the fact that the defendant reflect

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