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(영문) 대전지방법원 천안지원 2013.08.29 2013고단720 (1)

교통사고처리특례법위반

Text

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

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 engaged in the duty of driving Eone Star or Ecompan.

At around 04:50 on December 24, 2012, the Defendant driven the above van and proceeded at a speed of about 60 km per hour by using a three-lane in the direction of the two-lanes in the West-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, the two-lanes in the direction of the two-lanes in the direction of the two-lanes.

At the time of night, there was a duty of care to prevent accidents by driving a motor vehicle in advance by reducing its speed and taking the front door well.

Nevertheless, the Defendant neglected the duty of booming and found the victim C(50 years old) who was sitting on the front side of the front side due to the preceding accident due to the negligence that occurred while neglecting the duty of booming, and the Defendant shocked the victim with the front right part of the vehicle operated by the Defendant.

Ultimately, around December 24, 2012, around 05:43, the Defendant caused the victim to die due to serious brain damage on the front road of the Lohovahovah in the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Each police statement related to E, F, and G;

1. Each report on actual condition;

1. Application of Acts and subordinate statutes to death certificates;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act for the suspension of execution [Determination of a sentence] Traffic Accident Death [Special Convicted Persons] - When there is considerable negligence on the occurrence of traffic accidents or the expansion of damage even for the victim of mitigation factors, the victim shall not be punished (including serious efforts to recover damage) [Determination of the recommended area] Special Mitigation Area [Scope of Recommendation] from February to October / [Scope of Recommendation]] - A half that has been seriously admitted to comprehensive motor vehicle insurance for mitigation factors [Scope of Punishment] - A half that has been seriously admitted to comprehensive motor vehicle insurance for mitigation factors [Scope of Punishment] applicable provisions: One to five years [whether suspended sentence].