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(영문) 대전지방법원 천안지원 2012.12.27 2012고단1555
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a driver of a rocketing car.

On October 13, 2012, the Defendant, at around 09:50 on October 13, 2012, moved the front road at the entrance of the 3rd Kanju-dong Yanju-dong Yasan-si, to the front side of the drinking-si Yaju-si, moving to the front side of the drinking-si apartment.

In this case, a person engaged in driving of a motor vehicle has a duty of care to carefully look at the front side and to check the passage of pedestrians and prevent accidents.

Nevertheless, the Defendant neglected to do so and continued to run the crosswalk, and the Defendant shocked the victim D (the age of 91) with the front part of the said rocketing car, and caused the victim to go beyond the scope of the victim. The victim was killed at the Macheon-dong Macheon National University Hospital in Yan-dong, Chungcheongnam-gu, Chungcheongnam-gu on the same day during treatment at around 14:12 on the same day.

Accordingly, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2008) (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2009)). - In cases where death or serious injury has occurred (including serious efforts to recover damage): 4-10 months to 4-10 months (the scope of recommendation). - In cases falling under the proviso to Article 3(2) of the Specialized School Act (the scope of applicable sentences): 3(1) of the Special School Act: 5 years of suspension of execution (whether or not) - Where the death or serious injury has occurred, the principal reason for the reduction of sentence is not subject to punishment.

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