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(영문) 대전지방법원 공주지원 2016.11.25 2016고단257
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in the duty of driving the C&L car.

On June 2, 2016, the Defendant driven the above vehicle on June 2, 2016, and proceeded at approximately 60 km from the right side of the road, which is a one-lane of opuli in opuli in opuli, on the right side of opuli.

At this point, there is a place where the center line of the yellow-ray is installed on the right side, so in such a case, there was a duty of care to make a person engaged in driving of the motor vehicle to look well at the front and to prevent the accident to safely drive the motor vehicle in advance.

Nevertheless, the Defendant neglected this and took part in front of the left-hand part of the victim D(65 years old) driving, which was driven by the negligence in the course of the business, without sufficiently confluences hand on the hub way, and was driven by the Defendant in front of the left-hand part of the vehicle of the Defendant.

As a result, the Defendant caused the above victim D to suffer confluences requiring medical treatment for about two weeks, and caused the victim F (73 years of age) who was on the Defendant’s passenger car to die with a multiple long-term system from the Daejeon Seo-gu Incheon Metropolitan City University Hospital on July 14, 2016, which was located in Seo-gu, Seogu, Seo-gu, Daejeon, to death.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report and the inspection report;

1. Each medical certificate and death certificate;

1. Application of Acts and subordinate statutes on site and image pictures;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 3(1) and proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act in the instant case led to the occurrence of a serious consequence leading to the death of the victim F. The bereaved family members.

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