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(영문) 대전지방법원 홍성지원 2015.08.19 2015고단471
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving Cone Star Co., Ltd.

On April 24, 2015, the Defendant driven the above vehicle on April 19:42, 2015, and driven the front of the road D in Bocheon-si along two-lanes from the bank of Taecheon-si to the south-do bank.

At the time of night, there was a duty of care to prevent accidents by thoroughly manipulating the steering time and accurately manipulating the steering and steering devices for those engaged in driving of motor vehicles.

Nevertheless, the defendant neglected this and did not discover the victim F (53 years old) who crosses the road from the left side of the direction of the defendant's course to the right side, and received the victim from the front side of the motor vehicle driving by the defendant.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die with a scarcity in the Bosia Hospital located in 136 on the same day, due to the death of Bosia in 21:35 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the 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 the sentencing of Article 62(1) of the Criminal Act (amended by Act No. 1188, Jan. 1, 2009) (amended by Act No. 1184, Feb. 1, 2009) is [the scope of applicable sentencing guidelines]: Traffic crimes, general traffic accidents, and Type 2 (Death resulting from Traffic Accidents): The recommended range and the recommended range: Imprisonment without prison labor for not less than 4 months but not more than 2 months: the defendant has the same criminal records for not more than 6 months and not more than 2 years of suspended sentence, and the result of the death of the victim was caused by the defendant's negligence, but the defendant is against the victim's fault.

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