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(영문) 대전지방법원 서산지원 2013.04.25 2012고단1023

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for 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 small-scale car B.

On 19:50 on 15. 19:10 on 19:50 on 15. 2012, the Defendant proceeded one way in front of the community hall in the new elementary school, the front of which is about 50 kilometers from the new middle school, to the original north bank.

It is possible for people to pass through because it is a road near the community center, and there is an obstacle to the view of the rained situation at the time. Therefore, the driver of the driving school has a duty of care to reduce the speed of the driver, to see the front, and to operate the steering and steering system accurately.

Nevertheless, by negligence, the Defendant neglected this, received the victim C (n, 62 years old) who walked on the road at the front line of the car in the front line of the car in the Nanaa-gun, Chungcheongnam-gun, Chungcheongnam-gun on August 15, 2012, and caused the victim to die with multiple traumas from the Dental Medical Center in the Haa-gun, Chungcheongnam-gun, Chungcheongnam-do on August 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Photographs related to traffic accidents;

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

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution for the following reasons: (a) the occurrence of a serious consequence of the death caused by a traffic accident; (b) the vehicles are covered by a comprehensive insurance and the bereaved family members are also entitled to the Defendant’s preference; and (c) the victim’s bereaved family