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(영문) 대전지방법원 2015.05.22 2015고단1085
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 CK5 cars.

On February 4, 2015, the Defendant driven the said car on February 21:43, 2015, and driven the road of four-lanes in front of the Eriju station located in Daejeon Dong-gu, Daejeon, along three-lanes from the big triangulation distance to the big triangulation distance, proceeded at about 70km each hour.

당시는 야간이고 옅은 안개가 끼어있어 시야가 충분히 확보되지 못하는 상황이었으므로 이러한 경우 운전업무에 종사하는 사람에게는 속도를 줄이고 전방을 잘 살피면서 안전하게 운전하여 사고를 미연에 방지하여야 할 업무상 주의의무가 있었다.

Nevertheless, the defendant neglected this and did not look at the front, and found the victim F (the 64 years of age) who illegally crossed the road to the right side from the left side of the direction of the proceeding, and did not avoid it, and had the above victim go beyond the ground by receiving the victim from the front part of the passenger car of the defendant.

Ultimately, at around February 4, 2015, the Defendant caused the said victim’s death by occupational negligence at the emergency room of the hospital of the Chungcheongnamnam University, Daejeon-gu, Daejeon-gu, by means of low blood transfusion shock, at around 22:10.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1)

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, Article 268 of the Criminal Act concerning criminal facts;

2. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of the type] for general traffic accidents (the death of traffic accidents) - In the event that there are significant negligences on the occurrence of traffic accidents or the expansion of damage to the victim, the victim is not subject to punishment (including efforts to recover damage), [the decision of the recommended area] special mitigation area / [the scope of recommendation area] February to October / [the general mitigation area] - Whether the victim has subscribed to comprehensive motor vehicle insurance for mitigation elements / [the suspension of execution].

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