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(영문) 대전지방법원 홍성지원 2018.04.18 2018고단86
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above 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 is a person who is engaged in driving a modern passenger car B.

On January 10, 2018, the Defendant driven the above vehicle at around 18:50, and proceeded with the D Industrial Complex 21 entrance, which is located in Chungcheongnam-gun Hong-gun, with two-lanes from the budget room to red-proof.

At the time, the victim E (62 3) was placed on the front side of the vehicle, so in such a case, there was a duty of care to prevent accidents in advance by accurately operating the steering system and the steering system and operating it safely.

Nevertheless, the Defendant neglected this and did not accurately operate the steering gear and brakes without accurately operating them, and caused the victim to go beyond the floor by taking the steering gear and brakes in front of the above vehicle’s steering failure, thereby causing the victim’s death to a severe injury at the above place on the same day at around 19:33 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Casual history, photographs of body, and death records;

1. Application of the Acts and subordinate statutes on black stuffs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Act on the Suspension of Execution (including the first offender, the fact that the error is recognized and reflected, the fact that the surface of the road is milched at night, the fact that the victim's negligence, who did not pay due attention to the passage of the vehicle, seems to have contributed to an accident at a certain level while walking along the roadway with approximately one meter away from the roadway, and that the bereaved family members and the bereaved family members have reached a full agreement);

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