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(영문) 대전지방법원 2017.02.23 2016고단4307
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended 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 CCA110 V motor bicycle.

On November 1, 2016, the Defendant, at around 11:00, started driving the motor device 76-16, on the backwards of the bicycle for the motor device : (a) on the roads prior to the Geumnam-ro, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Geumsan, in order to load the victim D ( South, 78 years old). In such a case, the Defendant, who is engaged in driving the motor bicycle, has a duty of care to check and drive the motor device / bicycle / driver / driver / her sufficiently so that the passenger does not fall on the job.

Nevertheless, the defendant neglected to do so and caused the victim who lost the center due to the negligence of leaving it as is, and caused the victim to fall from the motor bicycle, and the same month as the shock.

4. 03:38 At the Daejeon Sung-dong, which is located in the Daejeon-gu Daejeon-dong, caused the death of the "diculatory shocke" in the Daejeon-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A traffic accident report;

1. An investigation report (a copy of medical records ofG Council members shall be attached);

1. Investigation report (a copy of a register of diagnosis and treatment at H hospital shall be attached);

1. Investigation report (to attach a copy of the medical records of the Daejeon Matern Hospital);

1. A death diagnosis certificate (D);

1. Accident scene and vehicle photographs;

1. Application of Acts and subordinate statutes to photographs of deceased persons;

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

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that under the circumstances unfavorable to the defendant, the fact that the death of the victim was caused due to the negligence of the defendant's driving, etc., the defendant committed the instant crime, and is seriously against his/her own mistake, the defendant agreed with his/her bereaved family member, the bereaved family member of the victim wanted to take the action against the defendant, the defendant was insured, the occurrence of the instant traffic accident, and the victim's negligence and the expansion of damage.

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