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(영문) 대전지방법원 천안지원 2016.09.23 2016고단1088
교통사고처리특례법위반
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the Grandland Kapool.

On April 6, 2016, the Defendant driven the above car at around 08:15, and changed the line to one lane while driving the two-lane of the two-lane road adjacent to the intersection of the Nam-gu, Nam-gu, Seoan-gu, Seoan-gu, the Nam-gu, Seoul, along the two-lane of the intersection of cartoons, into the intersection of the windows from the cartoon intersection to the intersection of the windows.

The location is a two-lane road where the passage of a vehicle is frequent, and in such cases, a person engaged in driving a motor vehicle has a duty of care to ensure the safe driving of the motor vehicle by checking well the left and right of the front line before changing the vehicle line.

Nevertheless, the Defendant neglected this and did not discover the victim's JY110T Operation E, which changed the course from the two-lanes to the one-lanes by negligence, while neglecting the duty of care in the front direction, and did not discover the victim's JY10T, and the victim got out of the ground side of the defendant's son's son's son's son's son's son's son's son's son's son's left side.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence on April 10, 2016 at a university of the Republic of Korea and at a university affiliated hospital affiliated with the university located in Dong-gu, Nam-gu, Chungcheongnam-gu, Namdong-gu, Seoul, on April 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual condition, report on the occurrence of traffic accidents, and application of each photographic Act and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The area of mitigation (4 to 1 year) of Class 2 of the General Traffic Accidents Act (the occurrence of traffic accidents) [the person subject to special mitigation] [including the person subject to special mitigation] the time of committing a crime not punishable (including the efforts to recover from damage], the fact that there is an agreement with the victim's bereaved family members, and the first fact that it is the victim's family members.

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