(영문) 대전지방법원 2015.08.13 2015고단1033

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.08.13 2015고단1033

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the driver car in the C Booth.

At around 12:30 on January 5, 2015, the Defendant driven the above vehicle and proceeded two lanes prior to the entrance of the area room in the area room in the Seo-gu, Seosan-dong, which is located in the Seo-gu, Seosan-dong, with two lanes.

Since the place is in which crosswalks are installed, the driver's duty of care to safely drive the motor vehicle after reducing speed for the person engaged in the driver's duty of driving the motor vehicle and checking whether there is a person who gets a road.

Nevertheless, the defendant neglected to do so and caused the victim to go beyond the floor by facing the front wheelchairs of the victim D (year 73) who was a motor vehicle in the direction of the right-hand side from the left-hand side of the defendant's negligence.

As a result, the Defendant caused the victim to die due to such occupational negligence on January 27, 2015, while receiving medical treatment from the Gi University Hospital located in Seo-gu, Seo-ro 95, Seo-gu, Seo-gu, Seo-gu, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

1. Consideration of all the conditions for sentencing, such as the relevant legal provision on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 (Selection of Depository Punishment), Article 268 (Selection) of the Criminal Act (2014) and Article 268 (Selection of Depository Punishment) of the Criminal Act, the degree of violation of duty of care on the grounds of sentencing is heavy, and the occurrence of heavy results, the purchase of comprehensive motor vehicle insurance and the agreement with the injured party is not reached, and the circumstances leading to the death are deemed to have contributed to a certain portion of the defendant's flag certificate; reflects, affirmative measures to aid victims

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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