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(영문) 대전지방법원 홍성지원 2013.11.15 2013고단819
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On July 23, 2013, the Defendant driven the said car on July 23, 2013, and proceeded at the speed of 77km/h, depending on the two-lanes, toward the road of the Dog-Do 2nd line of Bocheon-dong TG in Bocheon-si.

At all times, there is a section where the speed of 30km/h is limited due to the existence of a school, so in such a case, there was a duty of care to observe the speed limit and prevent accidents through thorough operation of the vehicle driving business.

Nevertheless, the Defendant neglected this and found the victim C (the 71-year old) who was crossing the road on the right side from the left side of the running direction due to the negligence of neglecting it and driving a limited speed exceeding 47 km, thereby causing the death of the victim on the ground by shocking the side of the victim's bridge to the front part of the driver's vehicle without being faced.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

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

1. Investigation report (to take a signboard showing the speed and place of accident at the time of the accident);

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

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 selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act leads to a serious result of the defendant's death by occupational negligence, and the responsibility for the crime is grave, but the defendant recognizes his/her mistake and reflects his/her depth, and the victim who illegally crosses a road other than the crosswalk without using it in large amount of rain, seems to have a large amount of negligence.

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