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(영문) 대전지방법원 서산지원 2014.05.15 2014고단195
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 who is engaged in driving of a motor vehicle of d self-pubed motor vehicle.

On January 1, 2014, at around 01:57, the Defendant driven the above vehicle, leading to the two-lane road in front of the iron livering bus stops located in Seosan-si, Seosan-si, along the one-lane road in the direction of the red room.

At night, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a person engaged in driving of a motor vehicle is a person who is engaged in driving a motor vehicle at night to reduce speed and to check well the front door.

Nevertheless, the Defendant neglected to do so and led the victim E (the age of 56) who was seated on one lane in the front of the above vehicle due to negligence.

Ultimately, the Defendant caused the death of the victim in the same workplace by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution refers to the following: (a) although the Defendant was shocked by the victim with the vehicle and died, it appears difficult for the Defendant to anticipate that there was a person on the road because there was no crosswalk installed at the place where the accident occurred; (b) the victim was seated on the road at night and partly caused the accident; (c) the vehicle operated by the Defendant was covered by a comprehensive insurance; and (d) the Defendant agreed separately with the bereaved family members, including the motive and circumstance for the instant crime; (d) circumstances after the commission of the crime; (e) efforts to recover damage; and (e) guidelines (the balance of recommendations to reduce traffic accidents: April or October).

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