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(영문) 대전지방법원 공주지원 2017.06.09 2017고단91
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 the B-learning passenger car.

On March 12, 2017, the defendant operated the above-learning passenger car around 18:20 on March 12, 2017, and had the crossing in front of the "D oil station in Chungcheong Cheongyang-gun C" turn to the left at the right-hand turn from the Cheongyang-gu Eup to the right-hand turn.

At all times, a person engaged in driving on the intersection with a signal, etc. has a duty of care to check the right and the right and the right and to turn to the left before making a left-hand turn, and to turn to the left.

Nevertheless, the Defendant did not discover the obane driven by the victim E (32 tax) who was placed in accordance with the new code from the red-deside to the Cheongyang Eup as it was due to the negligence of failing to perform the duty of the obbal at the front, and received it into the back part of the right side of the above obal passenger car.

Ultimately, the Defendant caused the death of the victim due to an occupational negligence on March 12, 2017, from the Cheongyang-gun Medical Center for the Health of Boyang-gun, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, Mayang-gun, 7-ro, 7-ro, to the death of the victim due to an internal blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to F and G;

1. Report on the occurrence of a traffic accident, report on a traffic accident, investigation report (investigation report on the accident scene, analysis of video data, etc.);

1. A death certificate or appraisal report;

1. Application of any Act and subordinate statute to one on-site photograph, defense picture photograph, and accident CD;

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 Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The following results are that the victim dies due to the instant traffic accident: (a) the mitigation area (4 months to 1 year) (including special mitigation persons) [including efforts to recover damage] punishment non-exclusive (including special mitigation persons] [the decision of sentence].

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