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(영문) 대전지방법원 2016.08.30 2016고단1773
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 also engaged in driving of freight cars.

On August 26, 2015, the Defendant driven three-lanes of the three-lanes of the cambling road located in the Seog-ri, Seoul Special Self-Governing Province, Korea University Measures Institute, Scambaon, Seoul Special Self-Governing Province on August 26, 2015, and proceeded in the direction of Daejeon in the direction of the astronomical.

In such cases, although a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle well and safely, he/she is negligent in driving the motor vehicle without neglecting it, and did not discover the victim D (71) who was a bicycle riding on the right side from the left side of the running direction of the motor vehicle and was the victim in front of the motor vehicle.

As a result, the defendant was killed due to the death of the above victim due to the heart of the 05:15 around 05:15 around the same day due to the dystrophism and the dystrophism.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police statement made by the defendant;

1. Statement in the police statement protocol against E;

1. A copy of a traffic accident report report, a copy of the actual condition survey, a map of the scene of the accident, a report on the occurrence of the traffic accident, a copy of the autopsy report, and the application of statutes governing

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. On the grounds of sentencing under Article 62(1) of the Criminal Act for the suspended sentence, the negligence of the victim in the occurrence of the instant traffic accident has a significant impact on the occurrence of the instant traffic accident, the vehicle of this case is covered by the comprehensive motor vehicle insurance, the fact that the vehicle of this case has no criminal records of punishment exceeding the fine imposed on the defendant, and other various sentencing conditions, including the defendant's age, sex, environment, etc., shall be

Defendant

As to the assertion of defense counsel, the defendant and his defense counsel could not expect the injured party to cross the bicycle on the crosswalk without permission.

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