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(영문) 대전지방법원 홍성지원 2014.01.15 2013고단1039
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On November 14, 2013, the Defendant, who is engaged in driving B M& car, was driving at a speed of about 60 km from the red port to the high-speed school, while driving at a speed of about 31 km per hour on the 31-lane in the document, Chungcheongnam-nam, Chungcheongnam-gun, Chungcheongnam-do.

At the time, it was difficult to look around the road at night, and the road was not well visible due to the postponement of the low temperature white, so there was a duty of care to prevent the accident of the vehicle from being driven safely by driving the vehicle, such as making a slowly and thoroughly driving the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to go on the front side of the said car, thereby leading the victim C(65 years old) who was trying to cross the road from the right side of the proceeding to the left side of the road.

Ultimately, the Defendant caused the victim's death by occupational negligence on November 15, 2013 due to an external shock from the hospital emergency room located in Yasan-si on November 15, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of statutes on a copy of motor vehicle registration certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., the circumstances on which the reason for sentencing is indicated below) is that the Defendant caused a traffic accident by occupational negligence and caused the death of the victim, and the Defendant has already been punished as a fine for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents over two occasions, and the Defendant committed the instant crime, which is disadvantageous to the Defendant.

On the other hand, however, the defendant has agreed with the bereaved family members, and driving the defendant.

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