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(영문) 대전지방법원 서산지원 2015.11.27 2015고단766
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C-III cargo vehicles.

At around 17:50 on August 18, 2015, the Defendant driven the above cargo vehicle, and proceeded to the intersection near the Highnam Elementary School located in the west-gun, Taenam-gun, Taenam-gun, Taenam-gun, at a speed of about 30km from the west-gun to the erode of the erogate.

Since the location was indicated as a temporary stop line in the Defendant’s moving direction through the intersection where no signal, etc. is installed, in such a case, there was a duty of care to prevent accidents in advance by driving a motor vehicle safely by safely driving the motor vehicle, such as making a temporary stop before entering the intersection before entering the intersection and checking well the right and the right of the motor vehicle driving.

Nevertheless, the Defendant neglected to do so and went through the intersection as is, and caused the head to be faced with the floor by the victim D(78 years of age) who driven by the victim D(78 years of age) who had left the intersection from the right side of the defendant's running direction to the high-nam elementary school.

Ultimately, around August 18, 2015, at around 23:00 on August 18, 2015, the Defendant: (a) caused the victim’s death due to the injury of less than the level of diversified brain in the G Hospital’s middle-patient’s room located in the Seocho-si F; and (b) serious cerebral cerebral flady due to

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] damage to the area of mitigation (4-10 months) (special mitigation) in the area of mitigation (4-10 months).

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