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(영문) 대전지방법원 공주지원 2013.08.30 2013고단187
교통사고처리특례법위반등
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Clearning car.

On May 9, 2013, the Defendant driven the said car at around 12:10, and continued to drive the local highway No. 799, located in the Gyeongcheon-gu, Gyeongcheon-si, Gyeongcheon-do, according to one-lane to be assigned from the shot-do.

Since this part of the road was opened on the left side, there was a duty of care to prevent accidents by safely operating the steering gear and operation of the steering gear.

Nevertheless, the defendant neglected this and did not properly operate the steering gear and brakes, left the road as it was, and felled by a drainage, which is below about 1.5 meters on the right side of the road, and turned the vehicle over.

After all, the Defendant caused the death of the victim D (AW, 92), E (AW, 65) who was accompanied by the said car due to the above occupational negligence, to the outside person due to the traffic accident at the site.

2. The Defendant, at the same time and place as set forth in paragraph (1), transferred the above car to a person, such as the victim D (n, 92 years of age), victim E (n, 65 years of age), victim F (n, 64 years of age), victim G (n, 52 years of age) by negligence, such as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident (1, 2, and a report on actual condition);

1. The application of Acts and subordinate statutes to written autopsy and written autopsy records;

1. Relevant 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, Article 189(2) of the Criminal Act, and the selection of imprisonment without prison labor for each type of crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. There is no record of punishment for the same kind of crime under Article 62(1) of the Criminal Act, and the bereaved family members of the victim are the defendants;

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