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(영문) 대전지방법원 천안지원 2016.07.01 2016고단592

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 motor vehicle with sod motor vehicle B.

On November 28, 2015, the Defendant driven the above vehicle around 04:02, and proceeded at the speed of about 84 km from the 5-lane to the breadth of the 1st bus bus stops in Asan-si, Asan-si, Asan-si, along the two-lanes of the valley bus stops.

At the time, the bus stops could sufficiently anticipate the unauthorized crossing of the national highways by the former local highways of the bus stops, and at the time, it was a new wall at the time, and it was very difficult to view the front door door because there was no street or any other lighting, so in such a case, there was a duty of care to check whether there was a person engaged in driving service who walked on a road by reducing speed and properly examining the front door door door and door door door, and prevent the occurrence of an accident by driving it.

Nevertheless, the Defendant neglected this and did not discover the victim C (77 tax) who was walking along the road at the front direction of the Defendant’s proceeding due to the negligence that continued to proceed at the same speed, and did not see the victim C (77) and got the victim to go beyond the floor of the Defendant’s driving ahead of the said car.

As a result, the Defendant suffered from the above victim’s injury from cerebral cerebral cerebrovassis or plessis due to such occupational negligence, and the Defendant caused the death of the above victim at Asan Masan Hospital, which is located in the 381 Sinsi culture around November 28, 2015, around 05:01.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A death certificate and a written evidence of postmortem examination;

1. A survey report on actual conditions;

1. Application of accident video CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The occurrence of traffic accidents or damage to the victim in the area of special mitigation (two months to ten months) (special mitigation factors).