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(영문) 대전지방법원 홍성지원 2013.10.30 2013고단741

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:30 on July 16, 2013, the Defendant, who is engaged in the driving of the Dam-si Dam-si, was driving the above Dam-si, and led to the front of the road in front of the Dam-dong, Hong-gun, Hong-dong, Hong-dong, Hong-dong, Hong-dong, to the Cheongyang-Eup, Hong-dong, Hong-dong, Gi

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front and rear left and the steering system.

Nevertheless, the defendant neglected this and went beyond the ground by the negligence of the defendant, and caused the victim C (the 76-year old) who was a pedestrian who built a road in the direction of the left-hand side from the right-hand side of the direction that the defendant passed.

Ultimately, the Defendant suffered from a serious injury, such as an unknown death, in detail, to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Inquiry into the enemy;

1. Sick photographs;

1. Application of Acts and subordinate statutes to medical 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 (see, e.g., the circumstances indicated in the reasons for sentencing) is that the defendant paid a certain amount to the representative of the victim’s family members and agreed (Provided, That this is considered only as an element of sentencing favorable because it is difficult to regard it as the victim C’s expression of intention not to punish the victim’s family), considering the fact that the vehicle of the defendant’s driver is covered by a motor vehicle comprehensive insurance, the defendant’s vehicle shall be determined by comprehensively considering the age of the defendant, character and conduct,