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(영문) 대전지방법원 서산지원 2014.12.05 2013고단936
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of Cuba vehicles.

On October 3, 2013, the Defendant driven the above car on October 16:13, 2013, and proceeded with a shooting distance from the Jinjin-si, the Jinjin-ri, the Jin-ri, the Jin-ri, the Gin-ri, the Gin-ri, the Gin-ri, the

At all times, there was a duty of care to ensure safe operation by taking into account the left and right of the intersection, because the yellow flickering light, etc. is operated in a remote distance where traffic is not controlled, so there was a duty of care to ensure safe operation by taking into account the left and right of the intersection.

Nevertheless, the defendant neglected this and entered the intersection, without examining well the left and right of the intersection, and by not entering the intersection as it is, led to the defendant's failure to drive the car on the left side of the road in the direction of the defendant's running, and led the victim to go beyond the ground by getting the full part of the ET100 Oba, which the victim D (the age of 84) driven by the victim D (the age of 84) who was driving on the left side of the back side of the road in the direction of the defendant's running.

Ultimately, the Defendant caused the victim to die by occupational negligence on October 6, 2013 at a medical care hospital located in the 5-15-ro, Jin-si, Jin-si, Jin-si around 16:15, resulting in the death of the victim as brain training for treatment.

Summary of Evidence

1. Legal statement of witness F;

1. Protocol of inspection;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A written appraisal prepared by G;

1. A death certificate;

1. Application of field photographs and photographs statutes;

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

1. The Defendant asserts that the instant accident occurred due to the negligence of the victim who delayed access to the intersection than the Defendant’s normal stop, despite the fact that the Defendant’s vehicle was going through through through the intersection in normal terms, and thus, the Defendant did not commit any negligence.

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