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(영문) 대전지방법원 천안지원 2016.04.07 2015고단2096
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 the duty of driving Category C cargo vehicles.

Around 05:00 on October 1, 2015, the Defendant is proceeding at the speed of 'E pharmacy located in Dong-gu, Nam-gu, Nam-gu, Nam-gu' in the front of the road at the speed of the 'E pharmacy' from the front side of the 'E pharmacy' to the narrow distance of the shock. In such a case, despite the duty of care to ensure the safety of the course by properly examining the front side and the left side of the vehicle, the Defendant neglected this duty and caused the victim F (57 years old) crossing the road to the right side from the left side of the Defendant vehicle in the direction of the vehicle, thereby causing the victim's death at the low blood shock at the Nam-gu, Nam-dong University Hospital at the end of 6,000 in the south-gu, Seocheon-gu, Seoul Special Metropolitan City on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A death certificate;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents and reports on traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the Act on the Suspension of Execution [The grounds for sentencing under Article 62(1) of the Act on the Punishment of Traffic Accidents [the scope of the recommended sentence] shall be taken into account the two types of general traffic accidents (in February to October), where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including a serious effort to recover damage) [the decision of sentence]. However, the victim has agreed smoothly with the victim, there is no criminal history, the victim's unauthorized crossing appears to have caused the occurrence of traffic accident, the victim's age, sexual behavior, circumstances after the crime, etc.

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