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(영문) 대전지방법원 2016.04.12 2015고단4181

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 vehicle C.

On October 23, 2015, the Defendant driven the above vehicle at around 18:00, and proceeded to turn to the left from the luki sports room on the front of the 303 East-ro 303 East-ro apartment road in the Act, which is located 34, 663 Do-ro, Seo-gu, Tae-gu, Tae-gu, Tae-dong.

Since the location was installed as a pedestrian crossing, there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle and to prevent accidents in advance by looking at the movement of those engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to do so and found the victim D (66 ) who passed a crosswalk on the side of the light rail due to negligence of neglecting and driving the road on the front side of the left side of the Defendant’s vehicle, which was immediately discovered and operated, but did not avoid the action, and did not go beyond the road by shocking the above victim on the front side of the left side of the vehicle.

As a result, the Defendant caused the victim to die by occupational negligence on November 4, 2015, at the Gltol University Daejeon Special Hospital, which was located in the Jung-gu Daejeon Special Metropolitan City on November 13:45, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] of Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing [the scope of recommended punishment] of Article 62(2) of the Act on the Punishment of Traffic Accidents (the person who has been specially mitigated from April to October), [including efforts to recover damage] of the mitigation area (the person who has been specially mitigated from punishment] of Article 7(1) [the decision of sentence] that the defendant agreed with the bereaved family of the victim, that the defendant is against himself, that there is no other