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(영문) 대전지방법원 천안지원 2014.04.18 2014고단194
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in driving of B vehicles.

On November 14, 2013, the Defendant driving the above vehicle at around 6:26 on November 14, 2013, and proceeded with the first road in front of the Jindo, which is in the repair of the air of the Sinsan-si in the Sinsan-si.

At the time, it was difficult to secure the view due to the new wall time, and in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents due to the intention of the driver.

Nevertheless, due to the negligence of neglecting the duty of Jeonju and driving the road, the victim C(81 years of age, leisure) who unclaimedly crosses the road on the right side from the left side of the driving direction of the defendant's vehicle was not considered, and the victim was taken as the front part of the vehicle and caused the victim to die at around 18:25 of the same day during the hospital treatment due to multi-dropic dyssissis.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act 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 (such as the agreement with the victim, the fact that the defendant was the first offender and the defendant reflects his mistake) or more.

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