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(영문) 대전지방법원 서산지원 2015.10.16 2015고단699
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 fixed cargo C.

On July 21, 2015, the Defendant driven the above cargo vehicle at a speed of about 50 km from the ting road to the intersection of the ejust station in Chungcheongnam-Nam-Nam, along the speed of about 50 km from the ting road.

Since there is an intersection where a signal is installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed as the former stop signal and received the left-hand part of the said cargo vehicle from the victim F(the age of 67) driving GEAVVE125 Obari, driving the said intersection from the edge of the drinking mar to the marb, in accordance with the said marb signal at the same speed.

As a result, the Defendant caused the death of the victim by occupational negligence on July 23, 2015 due to an external bruptosising booming in which there is no open address at a single university hospital located in 201, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, in the course of the follow-up treatment at around 13:24.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident Punishment Type 2 (Special Mitigation in April to October) [including efforts to recover from damage caused by a traffic accident] Punishment not (including a serious effort to reduce a sentence] [Judgment of a sentence] is recognized as having caused the death of the remaining victims who violated the signal by the defendant, but it is recognized as having caused the death by shocking the other victims who violated the signal, the primary fact is the first offender, the fact that the mistake is against the wrong fact, the fact that the family members agreed smoothly with the bereaved family members, the fact that the general insurance is subscribed to, and other records and arguments of this case.

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