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(영문) 대전지방법원 홍성지원 2016.08.30 2016고단299

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 a car in XG.

On March 3, 2016, the Defendant driven the above car at around 19:05, and led to a road of about 50 km in front of the church in front of the Chungcheongnamnam budget-gun, which is located on the new side of the Chungcheongnamnam budget-gun.

At the time, the front door of the road was opened, and there was a church and authorization around that place, and thus, there was a duty of care to examine whether there was a person engaging in driving service of a motor vehicle to reduce speed and to see the right and the right and the right of the road well.

Nevertheless, the defendant neglected to do so and proceeded along the road as it is without examining it well, and the victim C (the 82 years old) who cross the road to the right from the left side of the defendant's running direction to the right side was placed in front of the defendant's car.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the E hospital located in Chungcheongnam-nam Budget-gun D around 19:41 on the same day due to multiple growth season damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (victim C's statement);

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

1. Response to a request for appraisal;

1. On-site photographs and photographs of the changeer;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) (the imprisonment without prison labor for April to 1) (the imprisonment without prison labor for a special mitigated person), and records such as the defendant's age, sex, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime are committed.