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(영문) 대전지방법원 천안지원 2017.06.23 2017고단872
교통사고처리특례법위반(치사)
Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a BS car.

On January 27, 2017, the Defendant driven the said car at a speed of about 45-50km from the side of Busan to Seoul, the Defendant driven the said car at around 23:53 on January 27, 2017, and proceeded at a speed of about 45-50km each hour, along the two-lanes from south-gu, south-gu, Seoul.

At night, the victim D (29 years old) was driven at night, and at all times, the victim D (29 years old) was driven.

E The franchiser car was driven by F

Inasmuch as the left side of the G Freight was received with the rear wheels of the G Freight and the direction of the driver's seat was transferred to the center of the center, there was a duty of care to safely drive the vehicle by checking the front side in good condition.

Nevertheless, the Defendant neglected to do so and proceeded without properly doing so and without doing so, caused the death of the two parts of the Defendant’s front part of the luxa car, which was moved to by the victim as above, due to the shock of the Defendant’s luxa car, and caused the victim to have the victim injured the two parts of the luxa, which were not opened at the South-gu University Hospital at around 00:38 on the following day, by damaging the two parts of the luxa, which are located in the south-gu University Hospital at around 201.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. An accident scene photograph;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [types] 2 (Special Sentencing Death, etc.) of traffic accidents in general. - The mitigation element: the mitigation element: the mitigation element [including serious efforts to recover damage] mitigation area / [the scope of recommendation] 4 months to 1 year [the scope of recommendation] mitigation area / [the general sentencing factors] mitigation element - Motor Vehicle General Insurance Co., Ltd. / there is no history of purchase of automobile comprehensive insurance, serious reflectness, and criminal punishment.

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