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(영문) 대전지방법원 2016.06.15 2016고단951
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is the driver of Mati truck.

On February 17, 2016, when the Defendant operates the above vehicle around 06:00, and makes a right-hand passage in the direction of the mountain, where the roads in front of the agricultural and fishery market located in the Yongsan-gu Daejeon Metropolitan City are set up in the agricultural and fishery market, the Defendant has a duty of care to safely drive the vehicle in accordance with the traffic signals and prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected to take a right-hand side, and received the body f2 years old from the victim D (nive, 62 years old) crossing the road in accordance with the walking signals, and caused the victim to die by brain pressure, etc. at the Daejeon-gu Daejeon District University Hospital on March 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report;

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

1. When driving a freight vehicle for the reasons of sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts and Article 268 of the Criminal Act, a sentence shall be imposed in consideration of the fact that the victim has died because the victim violated his/her duty to protect pedestrians in the crosswalk and violated his/her duty to protect pedestrians in the crosswalk, and that the victim’s bereaved family is punished. The sentence shall be imposed in full view of the circumstances favorable to the defendant, such as the fact that there is no criminal record exceeding the fine, the fact that there is no criminal record exceeding the fine, the fact that the report is deemed to have been made in 119 for relief after the accident, the fact that the victim was subscribed to the comprehensive motor vehicle insurance,

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