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(영문) 대전지방법원 서산지원 2013.06.20 2013고단87

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

At around 17:50 on November 22, 2012, the Defendant driven an above cargo vehicle, and led to the left turn to the right from the direction of the opposite 2-dong Office to the direction of the opposite 4-way market.

In this case, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the steering system, brakes and other devices of the motor vehicle, to accurately operate the steering system, brakes and other devices of the motor vehicle, and to not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and obstacle on others according to the traffic conditions of the road and the structure and performance of the

Nevertheless, the defendant neglected this and got the victim C (Nam, 77 years old) who crosses the road to the right side from the left side of the direction of the defendant's proceeding to the right side due to the negligence of the defendant's failure to go beyond the floor.

Ultimately, at around 06:22 on December 12, 2012, the Defendant caused the death of the victim at the E Hospital located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si due to the above occupational negligence, due to the cerebral cerebral cerebral cerebral typhism and the cerebral ma from cerebral cerebral typhism.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Each photograph;

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

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. It is so decided as per Disposition under Article 62(1) of the Criminal Act (the occurrence of a serious consequence of the death caused by a traffic accident), on the grounds that the vehicle is covered by a comprehensive insurance and the bereaved family members agree with the victim's bereaved family members, that the victim's wife is the front offender, that the victim's first crime is recognized and reflected, and that the victim's negligence is considered) or more.