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(영문) 대전지방법원 천안지원 2015.04.14 2014고단1784

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

The defendant is a person who is engaged in driving a DNA car.

On July 8, 2014, the Defendant driven the said car at around 01:50, and proceeded with a road without a central line near the shooting distance prior to the entrance of the Sung-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Chungcheongnam-do.

At the time, it is night and near the intersection where the passage of vehicles and pedestrians is frequent, and in this case, there was a duty of care to prevent accidents in advance by thoroughly driving the vehicle in front and safely.

Nevertheless, the defendant neglected to do so and did not discover the victim E (0 years old) who was living in the above intersection due to the negligence of the defendant's failure, and did not discover the victim E (60 years old), and the victim's breast part with the front wheels of the left side of the said car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in 02:16 on the same day from the Macheon-gu Incheon National University Hospital located in 31-ro, Nam-gu, Dongnam-gu, Dongcheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. The application of Acts and subordinate statutes to the traffic accident report, actual condition survey report, on-site photograph, each photograph, death certificate, and autopsy and appraisal report;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;