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(영문) 대전지방법원 논산지원 2015.05.15 2015고단21
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Category C cargo vehicles.

On December 29, 2014, the Defendant driven the above cargo vehicle on December 29, 2014, and turned to the left from the bus terminal to the bus terminal located in D at the Manosan-si.

At the time, it was night and there was no distinction between delivery and vehicular road, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents due to the safe driving of the motor vehicle by reducing the speed and by checking well the right and the right and the right of the road.

Nevertheless, when the Defendant neglected to do so and proceeded on as is, the Defendant got out of the victim F, who crosses the road to port from the right side of the marinal road (the age of 32) toward the left side of the said cargo vehicle.

On January 9, 2015, the Defendant caused the death of the victim at the Daejeon Estol University located in Daejeon-ro 64(Moddong), Jung-gu, Daejeon-ro, Daejeon-gu, Daejeon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition investigation report, photographs of the scene of the accident, death certificate, autopsy report, and the next red inquiry report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. Recommendations based on sentencing standards;

(a) The basic area (from August to June) of types of general traffic accidents, the scope of which is recommended, shall be the basic area (from January to June of the year);

(b) No special person;

2. As indicated in its reasoning, the Defendant, who was sentenced to a sentence, was negligent in the course of business, resulting in the death of the victim, was unable to agree with the victim’s bereaved family members, and the Defendant’s sentence is inevitable on the ground that no deposit was made for the recovery

However, the fact that the defendant is led, and the defendant operated.

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