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(영문) 대전지방법원 천안지원 2016.11.04 2016고단1681
교통사고처리특례법위반(치사)
Text

The sentence of imprisonment without prison labor for defendants shall be determined by one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B B B B B B B BB car.

피고인은 2016. 6. 8. 19:45경 아산시 탕정면 명암리에 있는 삼성트라팰리스아파트 502동 앞 도로를 아파트 정문에서 504동 방향으로 진행하게 되었다.

Since the place was a place where the passage of the occupants is frequent on the road in an apartment complex, there was a duty of care to prevent accidents in advance by driving safely by safely driving the vehicle, such as a person engaged in driving the vehicle, a person who is engaged in driving the vehicle, and accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected this and proceeded with the victim C (year 1) who was walking in the same way as it was due to negligence, and brought the victim into the front part of the left side of the Tluri vehicle operated by the Defendant, leaving the victim up to the floor, and served with the front wheels part of the victim's head.

Ultimately, around June 8, 2016, around 21:32, the Defendant caused the death of the victim at the Yacheon University Hospital in Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. On-site photographs;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [Determination of the type] General Traffic Accidents (Death, etc. of Traffic Accidents) Types II (Special Convicts): Reduction element: Decision of the mitigated area (including serious efforts to recover damage) [Determination of the recommended area] 4 to one year [the scope of recommendation] 4 to one year [the mitigated area] - Deposit of a reasonable amount, purchase of comprehensive motor vehicle insurance, and substantial suspension of execution.

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