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(영문) 대전지방법원 천안지원 2015.12.14 2015고단1822
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a BM5 car.

On June 2, 2015, around 17:07, the Defendant continued to drive a three-lane of the five-lanes at a speed below the speed of the speed of the scarcity in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely change the vehicle line by giving prior notice of the change in the direction, etc. before the change of the vehicle, and to prevent the accident by safely changing the vehicle line in the direction of the direction, etc. before the change of the vehicle.

Nevertheless, the Defendant neglected this and changed the vehicle line into two lanes as it is, and took the front side of the D concrete mixed part of the D Driving Vehicle of the Defendant into the left side of the Defendant’s driving vehicle, and due to its shock, took the front side of the victim’s E(32 years old), which the Defendant’s vehicle is proceeding in one lane beyond the center line of the road, into the front side of the Defendant’s driving vehicle in the opposite direction, and caused the victim to die with the front side of the Defendant’s driving vehicle in the victim’s E(32 years old), which is going beyond the center line of the road, around 19:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to G, H and C;

1. A traffic accident report, actual condition investigation report;

1. A traffic accident occurrence report;

1. Comprehensive traffic accident analysis letter;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general traffic accidents in Type II (Death resulting from Traffic Accidents) (Special Mitigation in April to October) (including serious efforts to recover damage).

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