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(영문) 대전지방법원 서산지원 2016.03.18 2015고단884
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 DPoter II cargo vehicle.

On September 23, 2015, the Defendant driven the above cargo vehicles around 06:00, and led to the intersection of the three-distance intersection from the Busan High School located in the Seosan-si, Seosan-si, Seosan-si, to the sloping from the Seosan-si.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded with the fact that the vehicle driving signal is changed to the stop signal, and caused the victim E (V, 68 years old and 80 years old) and the victim F (80 years old) to the left side of the road in accordance with the normal signals in the direction of the defendant's proceeding to the left side of the road.

Ultimately, at around 11:45 on September 23, 2015, the Defendant: (a) caused the death of the victim E by blood transfusions, etc. from a university hospital located in the south-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to field photographs and written diagnosis of death;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An unfavorable circumstance for sentencing under Article 62-2 of the Criminal Act: The occurrence of the serious result of the death of the two victims due to the instant traffic accident, and the circumstances that caused the accident by violating the signal and that the act of causing the accident is not less severe: The defendant recognized the crime and reflects it.

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