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(영문) 대전지방법원 천안지원 2016.12.09 2016고단2045
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 D 포르테 쿱 승용차의 운전 업무에 종사하는 사람이다.

On June 23, 2016, around 15:17, the Defendant, at Asan City, proceeded with a road without a three-way center line of 19 degrees from the new village, to the entrance of a new temporary holiday at the new village.

At the time, the victim E (the age of 80) was driving a FCITRI100 Oba and is proceeding in the same direction as the defendant. In such a case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by accurately manipulating the front line and safely driving the steering gear.

Nevertheless, while the defendant neglected to do so and tried to re-enter the victim's right side of the vehicle after the defendant's right side in the process of trying to enter the victim's future, the defendant went beyond the road by sufficient side of the left side of the vehicle.

On July 1, 2016, around 08:59 on July 1, 2016, the Defendant: (a) at the Yacheon-si Hospital in Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, 31, caused the victim’s death

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Traffic accident report and each photograph;

1. The application of Acts and subordinate statutes concerning autopsy and examination and examination request for appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The grounds for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] are the following: (a) the area of mitigation (4-1 year) of Part II of traffic accidents (the resulting from traffic accidents) [Special Mitigation] [including a serious effort to recover damage], (b) the decision of sentence is the first offender, (c) the agreement with the victim's bereaved family members, and (d) the subscription to a comprehensive insurance.

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