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(영문) 대전지방법원 논산지원 2016.06.21 2016고단100

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 service of a motor vehicle B with low investment.

On February 9, 2016, the Defendant driven the above car at around 19:15, and continued the roads in front of the D gas station at the time of Ysansan to the original salary distance from the chilling side of the mountain zone at the time of 2016.

At the time, since the vehicle driven by the defendant is followed by the bicycle in the same direction, a person engaged in driving service has a duty of care to safely proceed by accurately operating the steering gear, steering gear, and controlling speed in advance.

Nevertheless, the Defendant neglected this and received the victim E (64) of the bicycle driving in the front section due to the negligence of driving the bicycle excessively close to the bicycle prior to it, and received the front right side of the vehicle driving by the Defendant.

Ultimately, the Defendant caused the victim to die at around 19:35 on February 9, 2016 due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the result of the crime is somewhat weak, such as the death of the victim due to the instant accident. However, the punishment is determined as ordered in consideration of the following factors: (a) the Defendant’s mistake is against the Defendant; (b) the primary crime is the victim’s bereaved family; (c) the victim’s bereaved family members and the bereaved family members have agreed smoothly; (d) the vehicle is covered by the comprehensive motor vehicle insurance; and (e) the Defendant’s age, sex, environment, accident circumstances