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(영문) 대전지방법원 홍성지원 2017.03.28 2016고단918
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving of CSP car volume.

On August 13, 2016, the Defendant moved the course of 88 academic intersections of Hongsung-gun, Hongsung-si, Hongsung-si, Hongsung-si, to the opposite direction from the south side of the way off which is the south side of the street to the opposite direction.

At this point, the signal is a red on-and-off intersection, and the defendant has a right-hand line, so in such a case, the defendant engaged in driving duty has a duty of care to check the safety of driving and to accurately operate the steering direction and brake system and prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and led the part of the victim D (77 S) driving from the right-hand side of the vehicle to the right-hand side of the victim D (77 ) driving from the right-hand side of the vehicle by negligence on the right-hand side of the vehicle.

As a result, the Defendant caused the death of the victim at a university hospital of the Republic of Korea, which was located in 201 in South-gu, South-gu, South-gu, East-gu, East-gu, the same day due to the above occupational negligence, due to the cerebral cerebralop by blood transfusion.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) (the imprisonment without prison labor for April to one year), [the person with special mitigation] the scope of mitigation (including efforts to recover from damage] under the following circumstances and other conditions of all the sentencing shown in the records, such as the defendant's age, sex, behavior, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime, etc., shall be determined as per the disposition.

Unfavorable circumstances:

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