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(영문) 대전지방법원 서산지원 2014.12.04 2014고단682
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 engaged in driving a EXE car.

On April 8, 2014, the Defendant driven the above vehicle at a speed of about 102 km in speed from 102 km to 102 km from 102 km to 102 km from 2-lane to 103 km from 103:0 to 2-lane.

At night, the victim E (the age of 53) is driving at night and at the front time, so there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident by accurately

Nevertheless, the Defendant neglected to do so and went through as it was by negligence, and received the remainder of the upper part of the above EXE vehicle in front of the right side.

Ultimately, the Defendant caused the victim's death at the same time due to the above occupational negligence due to the cardiopulmonary shock in large amounts.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the comprehensive analysis report on traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Special Mitigation) [Special Mitigation in April to October] [including efforts to recover from damage] / [Pronouncement Decision] as to the defendant's excessive driving, and the defendant did not discover any stoke which the victim driven while driving under the influence of the defendant, thereby causing the death of the victim, the defendant paid 30 million won to the bereaved family members of the victim's first offense, and the defendant agreed to pay 30 million won to the victim's family members of the victim's first offense, and the fact that the victim is the disabled of class 4 in cerebrmathy. is favorable to the defendant.

This situation includes the above circumstances.

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