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(영문) 대전지방법원 2018.08.30 2018고단2011
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a Party B’s car.

On March 28, 2018, the Defendant driving the above vehicle at around 20:21, and driving the three-lane road in front of the Daesung-gu, U.S. C, along two-lanes from the edge of the Gu cancer, and the Defendant has a duty of care to prevent accidents by accurately manipulating the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

Nevertheless, the defendant neglected to do so and neglected to do so, and caused the victim D's body failure crossing the road to the right side from the left side of the running direction of the defendant vehicle to the front line of the vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at a F hospital located in the large exhibition E around March 28, 2018 due to brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports and traffic accident analysis and appraisal reports;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] is the case where the victim is negligent in the occurrence of traffic accidents or the expansion of damage in the area of special mitigation (two months to one year) (the special mitigation factor) [the victim] under Article 62(1) of the Act on the Suspension of Execution. The reason for sentencing as shown in the argument in the present case, such as the following: (a) the defendant neglected to take care of the previous time and caused the death of the victim; (b) the defendant was negligent in unfairly crossinging the victim; (c) the vehicle comprehensive insurance is covered by the victim; (d) the victim has no criminal record; (d) the victim has agreed with the bereaved family; (e) the victim's age, sex behavior; (e) the motive, means and consequence of the crime; and (e) the circumstances after the

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