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(영문) 대전지방법원 천안지원 2016.04.14 2016고단179
교통사고처리특례법위반
Text

Defendant

A A shall be punished by a fine of KRW 7,000,00,00,00, in five months of his/her imprisonment without labor.

Defendant

B The above fine.

Reasons

(b) has a duty of care.

Nevertheless, the Defendant neglected to do so and neglected to do so, and caused Mad Victim D (57) to go beyond the two-lanes of the three-lane road in the direction of the Defendant’s vehicle driving in the direction of the Defendant, and even though other vehicles stop on the opposite lane, the Defendant served the victim as the Defendant’s vehicle.

As a result, the Defendant caused the death of the victim in a convalescent hospital on February 3, 2016 by occupational negligence.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police against B;

1. A death certificate;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on traffic accident reports;

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. Attraction of a workhouse (Defendant B) Articles 70(1) and 69(2) of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act * The application of sentencing guidelines / [the scope of recommendation] / [the application of the sentencing guidelines / [the scope of recommendation] / the special mitigation area (two to ten months) / the victim is also at fault due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage) / the decision of sentence *

A. Defendant A: One of the results, the victim's unauthorized crossing is the cause of the occurrence of the accident, there is no record of punishment heavier than that of the fine, the victim's bereaved family members and the victim's smooth agreement, and reflects it. (b) The defendant B is one of the result, one of the result, the victim's unauthorized crossing is the cause of the occurrence of the accident, the defendant is not easy to detect the victim in light of the circumstances of the accident, the fact that there is no record of the punishment, the fact that the victim has agreed with the victim's bereaved family members, and that it is against the victim's two.

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