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(영문) 대전지방법원 홍성지원 2015.10.30 2015고단805
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 the duty of driving a car at C mother.

On July 13, 2015, the Defendant driven the above car on July 10:25, 2015, and driven the two-lane road near the fiscal three-lanes, which is located in the opposite direction of the front city, to the direction of the Hong-gun in the Yan City.

There are 80 km at the speed of time and the surface at the time was milched, so there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle at a speed of 20/100 of the normal speed limit.

Nevertheless, the Defendant neglected this and found the victim D (the 77 years old) who crosses the road from the left side of the direction to the right side of the road, and operated the road rapidly, but did not avoid it, and was left the victim's chest by the front of the said car.

After all, the Defendant caused the above victim's death from his job by negligence as above to his chest in his job.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [Scope of Recommendation] General traffic accident [Article 62-2] The area of mitigation (Article 4-10 months to 10 months] [Special Mitigation] [Pronouncement Decision] of imprisonment without prison labor] 8 months, suspension of execution 2 years, the defendant's first offender, the defendant's first offender, the victim's bereaved family member does not want the defendant's punishment by mutual consent between the victim's bereaved family member and the victim's bereaved family member, and the defendant's age, character and behavior, environment, motive and circumstance of crime.

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