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(영문) 대전지방법원 2017.09.14 2017고단2484
교통사고처리특례법위반(치사)
Text

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

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 who is engaged in driving a BM5 car.

On May 18, 2017, the Defendant driven the above car at a speed of 08:39, and driven the road at a one-lane from the front line of the Geumsan-gun, Chungcheongnamsan-gun, the central line is not installed, in order to drive the road at a speed of fl.m. to the fl.m. c., the Jinsan-gun.

Since there is a narrow road where no median line is installed, a person engaged in driving of a motor vehicle has a duty of care to pay attention to the movement of another motor vehicle that is operated thoroughly and safely.

Nevertheless, the Defendant did not discover the driver-driving engine that was directly driven by the victim D (82 Do) that was driven in the opposite direction due to negligence while neglecting this, and did not see the part before the left-hand side of the car of the Defendant and the part before and with the gate and the gate.

As a result, the Defendant caused the victim to die from the above occupational negligence on May 18, 2017 at the Soyang University Hospital, Seo-gu, Seo-dong, Seo-gu, Daejeon, Seoyang University Hospital, 158, to death with a strong scarcity.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on the occurrence of traffic accidents;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs of the scene of the accident, and photofics;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that under the circumstances unfavorable to the defendant, the fact that the death of the victim was caused due to the driver’s negligence by the defendant, etc., the defendant committed the instant crime, and is seriously against his/her own mistake, the defendant agreed with his/her bereaved family member, the bereaved family member of the victim wanted to take the action against the defendant, and the defendant

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