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(영문) 대전지방법원 2017.03.10 2016고단4603
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended 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 engaged in driving a car at C.

On November 21, 2016, the Defendant driven a body car above the upper limit of 19:30 on the 19:1st day of November 21, 2016, and turned to the right-hand left-hand turn at the speed of about 20 to 30km at the speed of about the speed of 20 to 30km from the university located in Seo-gu Daejeon, Seo-gu, Daejeon.

At the time, there is a night and a place where it is difficult to secure the night, and thus, the driver of the motor vehicle has a duty of care to reduce the speed to those engaged in the driving of the motor vehicle and to accurately manipulate the steering direction and the brakes by accurately manipulating the steering direction and the brakes while keeping the steering direction and the steering system well.

Nevertheless, the Defendant, who neglected to turn to the left as it was, was negligent in driving the Victim F(52) who was working on the opposite side of the Defendant in two lanes along the opposite side of the Defendant’s three-lane road.

G 125cc the front part of the G 125cc Oral wave was turned over to the right part of the Defendant’s car.

Ultimately, around December 3, 2016, the Defendant caused the victim’s death by occupational negligence, which led to the victim’s death from blood in an acute scarcity while receiving medical treatment at the Chungcheongnamnam University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes stating 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. On the grounds of sentencing under Article 62(1) of the Criminal Act, consideration such as reflection of the reasons for sentencing, beginning crimes, agreement of bereaved family members, subscription to comprehensive insurance, degree of negligence of the accused, etc.

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