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(영문) 대전지방법원 2015.11.19 2015고단3342
교통사고처리특례법위반
Text

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

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 a CNF station or other car.

On August 19, 2015, the Defendant driven the above car at around 08:30, and proceeded at a speed of about 70 km per hour, depending on the new side of the measure-won, on the front side of the Sejong Sejong Agricultural Cooperative, which is in the Sung-ri Co- signature, with a joint signature, in the front side of the measure-won.

Since the place is near the intersection, there was a person boarding a bicycle on the front side at the time, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle by reducing speed and checking the movement of bicycles.

Nevertheless, the Defendant neglected this and found that the victim D (the 74 years of age) who is a bicycle driver due to negligence in the course of his duties, went to the left side in order to enter the left road, and did not avoid it immediately, and did not leave the left side of the above victim's bicycle. The victim got the front part of the Defendant's bicycle driver's vehicle and caused the victim to fall off on the road.

Ultimately, on August 27, 2015, at around 22:18, the Defendant caused the victim’s death by occupational negligence to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala, etc. during the treatment in the 16th Effic Hospital’s central hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the actual condition of traffic accidents;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of recommending punishment] Traffic Crime Group, General Traffic Accidents (Type 2), mitigated area, mitigation area, imprisonment without prison labor for the first time to April to October (decision of sentence] comprehensive motor vehicle insurance for the first time to enter into an automobile insurance, victim's failure to punish him/her, clear social relationship between him/her, and serious reflectivity, etc.

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