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(영문) 대전지방법원 홍성지원 2016.10.26 2016고단370

교통사고처리특례법위반

Text

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

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 of CPoter II cargo vehicles.

On March 19, 2016, the Defendant driven the above cargo vehicle on March 19, 2016, and proceeded at the speed of about 89 km from that of the East Ambassador, along one lane, three lanes in front of the E, which are located in Boh City D, at the speed of about 19 km.

Since there is a limited speed at a speed of 60 km, there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the defendant neglected this and found the victim F who was crossing the right side from the left side of the running direction of the Madle accused due to the negligence of driving the speed exceeding 29 km speed per hour, and was faced with the victim with the front part of the cargo vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim from the Masan Hospital, which was located in 136 on March 19, 201, due to the death of the Mali-si around 21:01 on March 19, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site photograph, death certificate, traffic accident analysis answer, investigation report (Evidence List No. 16);

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. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions and conditions of all the sentencing recorded in the records, including the Defendant’s age, character and conduct, environment, and the circumstances before and after the instant crime, shall be determined as ordered.

The fact that there is a violation of the mistake, the agreement with the bereaved family of the victim, the fact that there is no record of punishment more than the suspension of execution, the fact that there is no comprehensive insurance for personal compensation, and the fact that there is a significant damage.