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(영문) 대전지방법원 공주지원 2015.09.04 2015고단78
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C.S. cargo vehicles.

On November 4, 2014, at around 18:20, the Defendant driven the said car at a speed of about 86 km/h from the Cheongyang-Eup to the new budget, the roads in front of the Eju station located in Cheongyang-gun, Chungcheongnam-do.

It is a road with a restricted speed of 60km/h, so a person engaged in driving of a motor vehicle has a duty of care to keep the restricted speed well and safely drive the motor vehicle so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding 26 km/h, and brought the Victim F (78 years of age, n, n, n) coming from the right side of the road on the right side of the said cargo vehicle into the front side of the said cargo vehicle, resulting in the Defendant’s death of the victim due to cerebral brain injury, etc. on the job.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. A written result of autopsy and postmortem examination;

1. On-site photographs and photographs of the changeer;

1. 112 reported case handling table;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A comprehensive traffic accident analysis answer;

1. Application of Acts and subordinate statutes to investigation reports;

1. Grounds for sentencing under Article 3 (1) and the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] General traffic accidents in Type II (Death, etc. of Traffic Accidents) and the scope of comparative sentencing between types of punishment and recommended types of punishment for which there are no basic area ( August to one year and six months) (special person): August to June of a credit cooperative;

2. Determination of sentence - The defendant in August has a record of criminal punishment for a fine of the same kind twice the suspension of the past execution of imprisonment with or without prison labor.

Nevertheless, the Defendant neglected to perform his duty of care on the alleyway where there is no pedestrian road, and caused the instant accident while driving under the speed of overwork, and the victim accordingly.

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