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(영문) 대전지방법원 공주지원 2013.12.06 2013고단283
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Crecler cargo vehicles.

On September 2, 2013, at around 09:22, the Defendant proceeded at a speed of about 30 km from the right side to the right side of the Namyang-gun, Chungcheongnamyang-gun, Cheongyang-gun, at the speed of about 30 km from the right side.

At the same time, the victim D(75 years of age) was driving over the left side of the defendant's running direction and entered the intersection first, and thus, the person engaged in driving service is obliged to pay a duty of care to safely drive the motor vehicle due to the passage of the intersection after the passage of the intersection by checking well the front left side.

Nevertheless, the Defendant neglected the above duty of care and found the victim late later due to negligence, and received the right side part of the above cargo vehicle as the front part of the other cargo vehicle.

As a result, the Defendant caused the victim by occupational negligence to die with cerebral cerebral blood in the Seocho-gu Seoul Metropolitan Government F Hospital at around 17:57 of the same day.

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. 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. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no previous conviction for the same offense and that there is an agreement with the victims and their bereaved family members);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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