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(영문) 대전지방법원 천안지원 2016.05.13 2016고단57
교통사고처리특례법위반
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

However, the above sentence shall be executed 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 C-A-hurd motor vehicle.

On December 12, 2015, the Defendant driven the above vehicle on the 12:15th day of December, 2015, and led to the left turn to the “E” front of the “E” road located in the Northern-gu, Seoan-gu, Seoan-gu, Incheon.

At that time, there was no signal apparatus at the time, so in such a case, the driver of the vehicle has the duty of care to safely drive the vehicle and prevent the accident by driving it safely, such as driving the vehicle at the intersection and driving it on the right side and the right side, and driving the vehicle at the intersection, if there is any other vehicle that is going through the intersection.

Nevertheless, the Defendant neglected this and neglected to turn to the left, caused the Defendant’s bicycle driving of the Victim F (74 tax) driving on the side of the entrance distance from the border of the river to go beyond the floor by shocking the front part of the said car, and caused the victim to go beyond the floor at around 22:13 of the same month, in the south-gu, South-gu, East-gu, Seoul Special Metropolitan University Hospital, one of which is located at the end of 201, to death by the cerebral side due to an external blood transfusion with no open address.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on traffic accidents and a survey report on actual condition;

1. Image photographs of each target vehicle;

1. Application of Acts and subordinate statutes of 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [Types of Determination] General Traffic Accidents in Type 2 (Determination of the area of recommendation] (Determination of the area of recommendation] Basic Area / [Scope of recommendation] from August to June / [General Sentencing Persons] - Relief Measures after Accidents, Deposit of a reasonable amount, Subscription to Motor Vehicle Comprehensive Insurance, Serious Bans (General Reasons for Suspension of Execution) - positive: Social relation clear, serious reflectivity, suspended execution, and there are no previous crimes, and comprehensive motor vehicle insurance.

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