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(영문) 대전지방법원 논산지원 2017.05.16 2017고단22
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 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 a C Tran XG car.

On November 13, 2016, the Defendant driven the above car at around 18:15, and continued the front of the D road at the time of Seosansan to the front of the road at the front of the Jinsan-si.

A person engaged in driving service has a duty of due care, such as driving according to the structure and performance of the vehicle, and driving the steering system, brake system, and other devices of the vehicle.

Nevertheless, the Defendant neglected to do so and negligently passed the road to the right-hand side of the right-hand side of the Defendant’s running direction (74 years old) and received the victim E (74 years old) from the Defendant’s driving vehicle as the front-hand part of the vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the 000s hospital located as a citizen of the 21:38 Masan-si on the same day, resulting in the death of the victim due to external wound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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 on site photographs;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] [the grounds for sentencing under Article 62-2 of the Act on the Protection and observation, the lecture attendance order and the community service order] There is no basic area (8 to 2 years) [the person subject to special sentencing] [the sentence] [the decision of sentencing] of the instant accident, such as the death of the victim, the victim's bereaved family members want to punish the defendant, but there are no unfavorable circumstances such as the victim's death, the victim's bereaved family members want to punish the defendant, but there are no errors. However, the defendant's deposit against the victim's bereaved family, the defendant's deposit total amount of 6 million won against the victim's bereaved family, the victim's vehicle is covered by the comprehensive automobile insurance, the victim

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