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(영문) 대전지방법원 서산지원 2015.04.29 2015고단29
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 a C Poter cargo vehicle.

On November 20, 2014, the Defendant driven the above cargo on the road in front of the Taean post office located in the south of Taean-gun, Taean-gun, Taean-gun, to turn to the left at the parking lot of Taean post office located in the distance of post office.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle at all times and safely operate the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn left the left and left the left at the left side of the post office, and received the victim D (77 years old) who was standing on the road from the left side of the post office, on the front side of the cargo of the Defendant.

Ultimately, at around 18:17 of the same day, the Defendant caused the victim’s death by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Photographs related to 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 of the suspended sentence [Scope of Recommendation] General Traffic Accidents (Type 2 (Class 4-10) [Special Mitigation] Punishment and Non-Voluntary (including efforts to recover damage) [Determination of a sentence] The defendant's remaining victims who turn left above the center line and left left to death is recognized, but it is recognized that the defendant caused their death by shocking them. The defendant's mistake is against the defendant, the vehicle is covered by comprehensive insurance, the vehicle is covered by comprehensive insurance, and all other conditions of sentencing indicated in the records and arguments of this case shall be determined as the same sentence as the order.

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