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(영문) 대전지방법원 서산지원 2016.05.13 2016고단166
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 motor vehicle by borrowing B.

On December 31, 2015, the Defendant driven the above car at the speed of 18:03, while driving it on December 31, 2015, and driving the two-lane road in front of the Seosan Medical Center, located at the center of Seosan City, 149, toward the breadth of the new shares construction distance, and proceeded bypassing it to the breadth.

In this case, the driver of the vehicle had a duty of care to prevent accidents and safely drive the vehicle by accurately manipulating the front left and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected to do so and led to the death of the victim C (the age of 77) who crosses the road on the left-hand side of the victim C (the age of 77) who crosses the road on the left-hand side of the said vehicle at around 16:05 on January 2, 2016, and caused the victim to death, such as the heart suspension by a shock shock at the South-gu University and its affiliated university hospital at the university of the Republic of Korea and the university of the university of the university of the Republic of Korea at around 201 on January 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of death diagnosis certificates and relevant Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: A normal situation in which the result of the death of the victim is favorable: The fact that the unauthorized crossing of the road at the location without a crosswalk appears to have contributed to the occurrence of traffic accidents or the expansion of damage, the fact that the victim has agreed with his/her bereaved family members, the fact that he/she was covered by a comprehensive insurance policy, the fact that the victim has no same criminal record and no history of punishment exceeding the fine,

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