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(영문) 대전지방법원 서산지원 2016.06.23 2016고단41
교통사고처리특례법위반
Text

1. The imprisonment without prison labor for a defendant shall be determined by one year and six months;

2.Provided, That the above punishment shall be imposed 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 engaged in the operation of dump truck truck truck trucks.

On September 23, 2015, the Defendant driven the above cargo vehicle at around 09:50, and proceeded to turn to the left from the air conditioners of the Indian Agricultural Co., Ltd., located in Sasan-si, Sasan-si, Sasan-si, Sasan-si.

Since the location is an intersection where a yellow on-and-off signal, etc. is operated, there was a duty of care to prevent accidents by safely driving the vehicle by temporarily suspending the vehicle before entering the intersection and driving the vehicle in a safe manner after checking the right and the right of the vehicle.

Nevertheless, the defendant neglected to temporarily stop and proceeded to the left without temporarily suspending it, and caused the victim D(69 years old)'s 110-on-hand side in order to drive the victim D(69 years old) that was going to a two-distance off in the direction of the defendant's proceeding in a part that is facing the direction of the defendant's proceeding.

Ultimately, at around September 23, 2015, around 21:20 on September 23, 2015, the Defendant: (a) caused the death of the victim D due to satisfying satch in a single national university hospital located in South-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; and (b) caused the injury of the victim E (V, 65 years of age) who was accompanied by the said satisfy, with at least three months of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reports and photographs of traffic accidents;

1. The application of Acts and subordinate statutes governing death certificates, written opinions, and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Death and serious injury to the victims, and the conditions for repeated traffic accidents:

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