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(영문) 대전지방법원 논산지원 2018.07.13 2018고단215
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 a Bran vehicle.

On February 13, 2018, the Defendant driven the above car at around 18:40 on February 13, 2018, and led to the flow of yellow mountain village, which is located in the interest of the Gangseo-gu Seoul Special Metropolitan City, from the three drawings room of the city map of the Gangseo-gu Special Metropolitan City.

At night, the Defendant was the victim C (80) before the same direction followed the bicycle driven by the victim C (80). In such a case, the Defendant had a duty of care to safely drive the vehicle and prevent the accident by driving the vehicle in advance, such as making it well known to the person engaged in driving the vehicle, accurately operating the steering gear and operating the steering gear.

Nevertheless, the Defendant neglected this and proceeded as it was negligent in driving the Defendant, and received the front part of the Defendant’s franchise vehicle, which was the front part of the Defendant’s bicycle riding.

In the end, the Defendant caused the death of the victim due to the above occupational negligence in the transfer to the E hospital emergency room located in D at the time of the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Protocol of inspection;

1. Application of the Act and subordinate statutes for investigation report (Attachment of Blue Images and Images);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] shall not be subject to the punishment of two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year).

2. The defendant's negligence in the decision of sentencing led to a serious result of the victim's death.

However, the defendant's mistake is recognized, and it is the first offense.

Along with the victim's bereaved family members, the agreement was reached.

The fault of the victim also affected the occurrence of the instant case.

I seem to appear.

(b) other.

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