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(영문) 대전지방법원 서산지원 2013.04.26 2012고단1110

교통사고처리특례법위반

Text

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

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 a wing and cargo vehicle B.

On August 27, 2012, the defendant driving the above cargo vehicle around 07:47, and turn to the left at a ethal speed from the Myeoncheon-ri, Myeoncheon-ri, the front three-lane in front of the agricultural and industrial complex at the time of the Sinjin-si at the time of the Sinjin-si.

At this point, since the traffic of the vehicle is frequent through a three-distance intersection where no signal, etc. is installed, there was a duty of care to reduce the speed to the driver who intends to enter the intersection and turn to the left, to live well before and after the intersection, and to operate safely by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected such duty of care and led to the death of the victim C (the older than 65) who was driving from the surface of the Myeon river by the negligence of entering the intersection due to the negligence of the above duty of care, led to the death of the victim by the damage of the chest Q125, which was driven by the victim C (the older than 65).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, traffic accident report (1), (2), and on-site photographs of the traffic accident;

1. Application of death diagnosis certificates and Acts and subordinate statutes governing dives and photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with his/her bereaved family members, the fact that the victim has subscribed to a comprehensive insurance policy, and the fact that the victim reflects the crime);