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(영문) 대전지방법원 논산지원 2016.05.31 2016고단58
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a vehicle with C low typ.

On December 9, 2015, the Defendant driven the above car at around 18:00, and had the front of the 1st bus stop in the Blue Asbestos 1st bus stop in the Blue asbestos vis-in.

At the time of night, a person engaged in driving service has a duty of care to accurately operate the steering system, steering system, and other devices of the vehicle, and the person engaged in driving service has a duty of care.

Nevertheless, the defendant did not discover the victim D (e.g., age 72) who crosses the road to the right side from the left-hand side of the defendant's running due to the occupational negligence that he neglected to do so in the front-round city, and did not have the victim go beyond the floor by shocking the victim from the front-hand part of the driver's driving.

After all, the Defendant caused the death of the victim by the above occupational negligence at the white-cream hospital located in the Embaamba-dong at the end of 20:31 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act / [the scope of the recommended punishment / [the case where there are two months to one year] in the area of special mitigation (the special mitigation / the victim] where there is considerable negligence in the occurrence of a traffic accident or the expansion of damage, the result of the crime such as the death of the victim due to the accident in this case is not easy. However, although the result of the crime such as the death of the victim is against the defendant's mistake, the defendant is the first offender, the victim's family members and the victim's comprehensive motor vehicle insurance is covered.

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