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(영문) 대전지방법원 천안지원 2016.12.20 2016고단2025
교통사고처리특례법위반(치사)
Text

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

except that 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 of a small cargo vehicle B.

On August 30, 2016, the defendant driving the above cargo vehicle around 07:00, and the person in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu had the intersection in front of the village community center turn to the left at an uneasible speed from the Cheongdong apartment room to the air of the experience farm.

Since there is a T-type T-type distance without distinguishing the lanes, the driver has a duty of care to check the safety of the course by thoroughly examining whether there are other vehicles passing through the intersection in the front direction, and to prevent accidents in advance.

Nevertheless, the Defendant neglected to turn to the left as it was, and did not find a bicycle for driving C (n, 73 years old) to turn to the above intersection from the left side of the Cheongcheon apartment site, and did not receive the bicycle from the front side of the Defendant’s cargo vehicle and caused the victim to die due to brain fals, etc. due to an external falsia, etc., which had not been opened at the hospital of the single university located in 57-ri 2:05, in September 3, 2016, the Defendant received the bicycle from the front side of the cargo vehicle of the Defendant and caused the victim to die from the shock.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A written result of autopsy;

1. Application of the statutes governing the occurrence of traffic accidents;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents) [Special Mitigation] (Article 4-1) and the area of mitigation (Article 62(1) of the Criminal Act] (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) (Article 62(2) of the Act on the Suspension of Execution (Article

Taking into account the fact that the victim's bereaved family members and the victim's family members have reached an agreement.

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