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(영문) 대전지방법원 2018.04.19 2018고단350
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 vehicle with C low Pest another car.

On September 23, 2017, the Defendant driven the above car at around 19:55, and led the front road in Daejeon Dong-gu, Daejeon to the direction of the NAN-dong distance.

Since there is a place where a central line is installed in a safety zone, a person engaged in driving of a motor vehicle is prohibited from harming the central line, and there was a duty of care to safely drive the motor vehicle in accordance with good faith at the point where the internship is allowed.

Nevertheless, in order to proceed to Fewn-distance, the Defendant got the victim F ( South, 49 years old) who was a victim of the road, which was built on the right side from the left side of the Mad-An road by her course of the central line, to the left side of the Defendant's car.

After all, the Defendant caused the death of the victim due to the above occupational negligence at around 17:57 on September 24, 2017, which caused the death of the victim due to the cerebral cerebral cerebral cerebral cerebral cerebral Spon

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, accident scene, and photographs of the dead body;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. by Traffic Accidents) [Special Mitigation in April to October] The punishment is not imposed in violation of the duty of due care (decision of sentence] and thus, the liability for the crime is not less weak by causing the victim's death in violation of the duty of due care. However, the fact that there is no history of crime, the fact that there is no history of crime, the fact that there is no history of crime, the fact that the victim has agreed with the bereaved family members, and other matters, including the defendant's age, sex behavior, occupation and career, family environment, etc., and the sentence is determined as ordered.

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