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(영문) 대전지방법원 천안지원 2014.10.16 2014고단1006
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the B Round.

On May 2, 2014, the Defendant driven the above van on May 17, 2017:26, and proceeded one lane in front of the Asan City of Asan City in the Asan City of a hot spring.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, and to prevent accidents in advance by safely reporting the traffic situation.

Nevertheless, the Defendant neglected the duty of Jeonju-si, and neglected to walk on the sidewalk that the victim C (the 40-year-old) was on the right side of the Defendant’s proceeding, and did not go to the road, and took it toward the right side of the victim’s chest with the front side of the Defendant’s Dama-dong Rob.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence due to brain injury caused by the injury to the external wound accompanied by two ducts in the same workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports on traffic accidents and investigation reports ( Results of autopsy);

1. Application of Acts and subordinate statutes on the spot, such as a death diagnosis report, reply letter, emergency medical services log, inquiry report for appraisal, autopsy and appraisal report, and on-site photograph;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, 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 in Type 2 [Special Mitigations] [including efforts to recover damage caused by a traffic accident] mitigated area (Article 62(1) of the Criminal Act] [Article 62(1) of the Criminal Act] [Article 62(2) [Article 62(1) of the Criminal Act] [Article 62(1) [Article 62(1) [Article 62(1) of the Criminal Act] [Article 62(1)] [Article 62(

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