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(영문) 대전지방법원 천안지원 2019.03.21 2018고단1530
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

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

On April 10, 2018, around 22:25, the Defendant came to proceed from the direction of E to the F apartment with the front of D, located in Seo-gu, Seo-gu, Seo-gu, Western-si.

At the time, at night and at that time, the signal was not installed. In such a case, there was a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear to reduce speed to the driver, and to ensure the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim to go beyond the ground by taking the front part of the 1st otoba, which was driven by the victim H (Nam, 49 years old) who was driving the said intersection from the right side of the front part of the said car, to the right side of the front part of the said car.

Ultimately, at around 08:19 on April 15, 2018, the Defendant caused the death of the victim due to the above occupational negligence in the K Hospital located in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City due to the climatic probathrosis, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs of accident scenes, and photographers;

1. Grounds for sentencing under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 2] no person who causes a traffic accident (the area of recommendation and the scope of recommendation] (the scope of recommendation] and the basic area of recommendation [the scope of recommendation], and August through two years;

3. The fact that the defendant's negligence is less than the victim's negligence as he enters the intersection at the time and place of the accident, weather at the time of the accident, and the defendant enters the intersection on a narrow road, and the victim's fault.

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