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(영문) 대전지방법원 서산지원 2017.07.06 2017고단62
교통사고처리특례법위반(치사)
Text

1. The punishment of a defendant shall be determined by a credit cooperative for four months;

2.Provided, That the above punishment shall be imposed for a period of one year 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 C-L car.

On August 31, 2016, at the same church parking lot located in the city of Jink-ro, 139-17, the Defendant parked with the Defendant blocking the Defendant’s D SPP car transfer from the parking lot of the same church located in the city of Jink-ro, 139-20.

E- The driver's seat door of the car set up and the key is found to be displayed, and the change speed system was operated from the parking place to the driving place and parked in the direction of the parking lot upper part by driving the car directly.

Since there is a slope in such a place, there was a duty of care to safely park the vehicle and prevent the accident by driving the vehicle, such as driving the motor vehicle as a parking place before leaving the vehicle after parking the vehicle.

Nevertheless, after parking, the Defendant got off the vehicle as it was due to the negligence of leaving the vehicle at a neutral location on the same day on the same day, and 22:22:2 of the same day, the Defendant followed the car stop route, and then, the Victim F, who walked along the passage between the parking lot at the upper end of the Roman and the middle parking lot (the age of 45) was turned out to the floor after going over the upper end of the car at the lower end of the car at the same time.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as 22:42 on the same day after the aftermath of the hospital, scarcity and scarcity, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A fact-finding survey report, on-site verification photographs of traffic accidents, evidence photographs of those who have suffered from a changer, and photograph of each black boom;

1. Application of Acts and subordinate statutes to a written corpse inspection and a report on the results of field identification;

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 provides that the suspended sentence shall be based on the grounds for sentencing.

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