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(영문) 대전지방법원 2017.11.10 2017고단3022
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BF small-scale car.

On June 14, 2017, the Defendant was driving the said car on the road in the front of the 110-dong apartment complex located in the Seo-gu, Daejeon, Seo-gu, Daejeon.

Since it is a road in an apartment complex, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to pay attention to the movement of pedestrians in the apartment complex and safely drive the motor vehicle.

Nevertheless, the Defendant's negligence by wrong operation of the air-conditioning devices and led the victim C (e.g., the victim C (e., the age of 84) who gets a walk at the rear speed while driving the air-conditioning machine at an indefinite speed, followed the Defendant's vehicle by shocking the victim C (e.g., the age of 84) to the part behind the driver's car, leading the victim beyond the floor to the said vehicle.

Accordingly, the Defendant caused the victim to die due to the above occupational negligence on June 15, 2017 at the G University Hospital, Seo-gu, Daejeon, Seo-gu, Daejeon, to the death of the victim for a long time.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order: The defendant's negligence to cause the severe result of the victim's death: The defendant's time of and reflects his/her own crime, and the defendant's age, sexual behavior, environment, etc. shall be determined as ordered by taking into account all the factors of sentencing under Article 51 of the Criminal Code, including the defendant's age, sexual behavior, environment, etc.

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