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(영문) 대전지방법원 홍성지원 2015.11.20 2015고단931
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 car to be involved in C options.

On May 11, 2015, the Defendant driven the said car at a speed of 31 km in the speed from the ethm of the ethm to the high-speed 31km from the eth of the eth of the ethm of the Maddong-Eup at the time of the Sinjin-do.

Since there is an intersection where traffic control is not performed, a person engaged in driving service has a duty of care to check whether there is another vehicle entering the intersection by properly examining the evis-vis-vis-vis-vis-vis, and to prevent accidents by entering the intersection.

Nevertheless, the Defendant neglected to do so and failed to keep the front left, and was driven by the victim D(55 years of age) who was driving from the right side of the cargo Ⅱ, which was driven by the victim D(55 years of age) who was driving from the right side of the said vehicle, in front of the left side of the said vehicle.

Ultimately, at around 20:50 of the following day from the above occupational negligence, the Defendant caused the death of a victim who was receiving treatment from a medical care in a medical comprehensive hospital located in the degree of 5-15 in the village of the Siljin-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [Scope of Recommendation] General traffic accident [Article 62-2] The area of mitigation (Article 2) [Article 4-10 months] [Special Mitigation] [Pronouncement Decision] and imprisonment without prison labor for 6 months, one year under suspended execution, the defendant's confession against himself/herself, the first offender, the defendant's first offender, the victim's bereaved family member does not want the defendant's punishment by mutual consent with his/her bereaved family members. The defendant's age, character and behavior, environment, motive and circumstance of the crime, and other crimes.

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