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(영문) 대전지방법원 2014.02.11 2013고단4600
교통사고처리특례법위반
Text

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

except that 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 engaging in driving a rocketing car.

On October 14, 2013, the Defendant driven the above car at around 20:10, and driven the 786-way road into the Gun north-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the west of which is located in the Dong-do, Chungcheongnam-do, Chungcheongnam-do.

At the time, there is a frequent place for pedestrians who are unauthorized to cross a road without permission at night, and in such a case, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the right and the right and the right of the road.

I would like to say.

Nevertheless, the Defendant obtained the victim D (the age of 72) who was crossing the road above the end-up due to occupational negligence in violation of this, from the front part of the left-hand side of the said car, and caused the victim to die due to the injury of external wounds during the transmission to the hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) (see, e.g., Supreme Court Decision 201Do1488, Apr. 1, 201).

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