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(영문) 대전지방법원 천안지원 2014.02.06 2013고단1546

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 a person who is engaged in driving a car with Crato.

At around 07:30 on August 29, 2013, the Defendant continued to proceed along the south-dong of Yongsan-gu, East-gu, East-gu along one-lane from the side of Asan to the amamsan-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as preparing for a sudden situation, by accurately operating the steering and steering gear, etc.

Nevertheless, the Defendant neglected such duty of care and failed to discover the victim D (W, 76 years old) who crosses the road above the course to port from the right side of the defendant's running due to the negligence of driving the road.

Ultimately, the Defendant caused the death of the victim at the E Hospital around 00:53 on September 9, 2013 due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the actual condition investigation report on traffic accidents, corpse inspection report, and photographs and subordinate statutes;

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 sentencing of Article 62(1) of the Act on the Suspension of Execution is very important as the result of the death of the victim. However, considering the fact that the victim was at fault who was the victim without permission, that the defendant agreed to do so with his bereaved family members, that the defendant is in profoundly against his own crime, and that the defendant is the first offender who had no record of punishment prior to the crime of this case, the sentence shall be determined as ordered.