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(영문) 대전지방법원 논산지원 2018.10.30 2018고단244
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B-Ma cargo vehicle.

On March 26, 2018, the Defendant came to turn to the left at the right from the direction of the river in the direction of the direction of the C apartment at the time of Seosan-si.

A person engaged in driving of a motor vehicle has a duty of care, such as driving according to the structure and performance of the motor vehicle, and driving the steering system, brake system, and other devices of the motor vehicle.

Nevertheless, the defendant neglected to turn to the left without neglecting this, caused the victim E who crosses the road to the right side from the left side of the right side of the defendant's running direction to go to the front part of the above cargo of the defendant, and led the victim to the right side part.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die from cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala at G hospital located in F in

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H (bereaved family members);

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. A criminal investigation report (attaching image data);

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, Article 268 of the Criminal Act, reasons for sentencing of imprisonment without prison labor or heavier punishment;

1. The basic area (from August to two years) (any person who has no special sentencing factor) of the sentencing criteria [the scope of recommended punishment] and the types of general traffic accidents (the death or injury of traffic accidents).

2. The defendant did not have any obstacle to the decision of the sentence and caused an accident of left turn without finding the victim, even though the victim who was walking ahead of the sentence could be sufficiently discovered at a distance.

The defendant's negligence is heavy, and the victim dies and is also serious.

Due to this accident, the victim's children seem to have suffered a big loss and pain, and the defendant's severe punishment is sought.

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