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(영문) 대전지방법원 천안지원 2013.07.25 2013고단734
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a driver of Lone Star Co., Ltd.

On October 31, 2012, the Defendant driven the above vehicle at around 18:20 on October 31, 2012, and operated a two-lane in front of the local bus stops at the local Do-ri, Do-ri, Do-ri, Do-ri, Do-ri, Do-ri, along a new 70km road from the budget to the Si-do-ri, Do-ri, Do-ri, so there was a duty of care to ensure the safety of the course, and to ensure the safety of the path.

Nevertheless, the Defendant neglected this and found the victim C (n, 77 years of age) who crossed the vehicular road without permission from the left side of the direction of the Defendant’s course to the right side of the Defendant’s course due to the negligence of the Defendant’s failure, and shocked with the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as double alleys and saves blood transfusion, due to the above occupational negligence, and thereby, caused the victim's death at around 03:45 on April 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

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

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 Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2009Da1548, Jan. 1, 2009). - Death or injury of traffic accidents [Special E.g., Death or injury] - Reduction element: [Determination on the area of recommendation] Reduction element / [the scope of recommendation] April to October [the scope of recommendation] Reduction element - Unlimited to comprehensive motor vehicle insurance, serious reflectness - Aggravation element: Aggravation applicable provisions of criminal records of the same kind [the scope of punishment] that are not subject to repeated crimes: 1 to five years of suspended sentence [whether or not] - Major participation reason (unlawful) - General participation reason (esteem) - General participation reason (esteem): Voluntary violation of punishment; and criminal records of a suspended sentence.

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