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(영문) 대전지방법원 천안지원 2015.07.13 2015고단833
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 7, 2015, the Defendant driven the above car around 06:23, and led to two-lanes of the road in front of the Doritri-do, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City, to go through the Dori-do, the Dori-si, the Dori-si, the Dori-si, the Dori-si

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side and right side well to accurately manipulate the brake system in order to prevent accidents in advance.

Nevertheless, the defendant neglected this and found the victim C(56 years of age) to the right side from the left side of the running direction of the defendant due to the negligence of neglecting this, and caused the victim to be able to set up a road on the right side of the defendant's driving direction. However, the defendant was the victim on the left side of the driver's vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence at a single university hospital located in 201 in the south-dong-gu, Dong-gu, dong-gu, dong-gu, dong-gu, where he was under the follow-up treatment at around 13:57 on February 7, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and 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 on a written autopsy;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture [Scope of Recommendation] Article 62-2 of the Criminal Act: The following consideration are taken into account: (a) the mitigation area (4 to 10 months) [Special Mitigation] (including a serious effort to recover from traffic accident] of the mitigation area (including a decision of a sentence], but the decision of a sentence is important; (b) the bereaved family members of the victim and the bereaved family members were agreed smoothly; (c) the Defendant appears to have been repaid from the purchase of a comprehensive insurance policy; (d) the Defendant

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