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(영문) 대전지방법원 서산지원 2014.04.18 2014고단59

교통사고처리특례법위반

Text

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

except that 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 of CRaba and freight vehicles.

On December 11, 2013, the defendant, around 15:10 on December 15:10, 2013, tried to proceed in the direction of the Western Police Station from the 1st square to the 1st square.

Since there are pedestrian crossings, in such cases, there was a duty of care to safely drive the driver after checking whether there is a person who gets involved in driving service to reduce speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded with the Defendant’s negligence, leading to the front side of the instant cargo vehicle, leading up to the victim D (the age of 84).

Ultimately, around December 11, 2013, at around 18:38, the Defendant caused the death of the said victim by a low blood shock shock before arrival at the E Hospital Emergency Medical Center.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A corpse of corpse;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to photographs and photographs related to traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended execution is beyond the scope of Article 62(1) of the Criminal Act (i.e., the Defendant’s mistake reflects the depth of the Defendant’s mistake, the victim’s bereaved family members and the Defendant’s family members have agreed with