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(영문) 대전지방법원 서산지원 2014.01.23 2013고단509

교통사고처리특례법위반

Text

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

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 of Crano cargo vehicles.

On April 1, 2013, at around 00:18, the Defendant driven a two-lane road in the vicinity of the one-lane in the Maddong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and continued to drive the said cargo vehicle in accordance with the two-lanes of budget from the new one-lanes.

At the time, since it was at night, a person engaged in driving service has to take well into account the right and the right and the right and the right and accurately operate the steering system and the steering system of the vehicle, and to prevent the accident in advance, even if he was negligent in performing his duty of care in order to prevent the accident, he was unable to find the victim D (year 56) who was walking on the front side of the course, but did not avoid it, and the victim was shocked by the part of the cargo in front of the right and

Accordingly, the Defendant caused the death of the victim from the F Hospital located in Chungcheongnam-nam Budget Group E on April 1, 2013 to the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. Each photograph;

1. A written result of autopsy;

1. Comprehensive traffic accident analysis report;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution provides that although a serious consequence of the death caused by a traffic accident occurs, the vehicles are covered by a comprehensive insurance and agreed with the bereaved family members, reflect

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;