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(영문) 대전지방법원 천안지원 2014.04.24 2013고단1818
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 Dmer trucks.

On October 2, 2013, around 07:15, the Defendant proceeded at an insular speed at the three-lane road near the entrance of the Dongcheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-do, in accordance with two-lanes from the boundary of the Independence Hall of Korea to the Yacheon-do.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to thoroughly operate the front hour and to prevent accidents in advance by accurately manipulating the steering direction and brakes.

Nevertheless, the defendant neglected this and found the victim E (the age of 84) who illegally crossed the road from the right side of the defendant's proceeding direction to the left side by his negligence, and operated it immediately, but did not avoid it, and did so, the victim was forced to go beyond the ground by shocking the victim from the first wing of the defendant's vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence by “cerebral cerebrovascular” at the F Hospital per minute around 18:15 on October 14, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G;

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

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. Article 62 (1) of the Criminal Act (including the cases of penance and the cases of agreements which have been reached smoothly with the bereaved family members of the victim, etc.);

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