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(영문) 대전지방법원 홍성지원 2015.09.18 2015고단652

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BTG car.

On March 30, 2015, the Defendant driven the said car at a speed of about 74 km from March 13:50, 2015, and proceeded at a speed of about 70 km away from that of the upper village road to the upper village road of about 70 km away from that of Seosan-si, Hongsung-gun.

Since there is a straight line in front of 70 meters in front of the front line, the driver of the motor vehicle has a duty of care to see the front line to the person engaged in driving the motor vehicle, to accurately operate the steering system, brake system, etc. of the motor vehicle, and to safely drive the motor vehicle by observing the bus line.

Nevertheless, the defendant is negligent in driving, and the defendant is driving in a three-lane beyond the two-lane by negligence.

The column of the road log set up at the right side of the motor vehicle, after entering the zone above the boundary line located on the right side of the above road, was received as the front side of the motor vehicle.

Ultimately, the Defendant’s negligence caused the death of the victim C (the 88 years of age) who was on board the said car by his occupational negligence on the spot by an inception rate, respectively, with a low-fluence showor, the wife victim D (the 63 years of age, the wife victim E (the 76 years of age, the wife victim E (the 76 years of age, the 84 years of age) and the wife victim F (the 84 years of age, the wife), respectively.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each written autopsy report and each written diagnosis of death;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is against the defendant and confessions, and any particular criminal punishment is imposed against the defendant in addition to a fine prior to one time.