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(영문) 대전지방법원 2014.03.25 2013고단4552
교통사고처리특례법위반
Text

Defendant

A 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

Defendant

A is a person who is engaged in driving of FF cargo vehicles.

Defendant

A, around 03:55 on September 14, 2013, driving of the above cargo vehicle and driving the three-lane road in front of H located in Daejeon Dong-gu, Daejeon along the two-lanes from Samsung Ne-gu to Hong Ne-do Intersection, at a speed of about 90km each hour, depending on two-lanes.

At the time, at night and at that time, there is a section of 50 km speed per hour, so in such a case, the driver of the motor vehicle had a duty of care to stop the accident by driving the motor vehicle according to the designated speed and accurately manipulating the steering gear and the brake system and to prevent the accident from spreading.

Nevertheless, Defendant A neglected to do so and hereded the victim I (year 42) who crosses the road without permission from the left side of the Defendant’s vehicle without permission from the speed of 90 km, but did not reach this, Defendant A suffered injury, such as cryp cryp, etc., of the victim’s head and body parts as the front part of the said cargo vehicle, due to the victim’s head and body parts. On September 14, 2013, around 05:32, Defendant A received treatment at K Hospital located in J of the Daejeon-gu Daejeon District on September 14, 2013.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of the police concerning L;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to death certificates and autopsy and appraisal certificates;

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. Part of the crime under suspended execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the victim has agreed with the bereaved family, and the occurrence of the accident in this case is deemed to have participated in the negligence of the victim crossing the road without permission

1. The summary of the facts charged against Defendant B is as follows: (a) around 04:00 on September 14, 2013, the Defendant driving a rocketing taxi at around 04:00, along the three-lane road in front of the H located in Daejeon Dong-gu Daejeon with the red scarbing plane from the Samsung Ne-breadth bank to the red scarbing plane.

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