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(영문) 대전지방법원 천안지원 2018.04.27 2017고단2620
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of a low-speed car.

On September 23, 2017, around 15:52, the Defendant operated the said car to turn to the left and proceeds from the left by driving it at the Hansung apartment crossing in front of the Hansung apartment, which was located in the Hansung apartment-gu, Asan-si.

At this point, the intersection where signal lights are installed, where the passage of other vehicles is frequent, so in such a case, the driver of the vehicle has a duty of care to take care of the progress of other vehicles and drive safely in accordance with signals and signals.

Nevertheless, the Defendant neglected this and proceeded to the left turn on the red signal by negligence, and did not avoid the victim C (the 74-year-old driver)'s DNA motor device driving, which was directly driven by the new defense from the breath of the hot spring basin in the budget room, and received the front wheel part of the motor device as the front wheel part of the above vehicle's right door.

Ultimately, the Defendant caused the death of the victim due to low-blood shocks caused by the catus catus catus, while sending the victim to the F hospital located in Asan-si E around September 23, 2017 by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing accident site photographs and accident video CDs;

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. In light of the fact that the defendant's occupational negligence for the reason of sentencing Article 62-2 of the Criminal Act and the fact that the result of the victim's death was occurred due to the accident of this case, the defendant has a heavy criminal record, and the defendant has been punished for the same crime of the same kind. Meanwhile, the defendant is the case.

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