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(영문) 대전지방법원 논산지원 2016.01.15 2015고단430
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The Defendant is a person who is engaged in driving of fixed cargo C.

On September 2, 2014, the Defendant driven the above cargo vehicle around 10:10, while proceeding to the red mountain patrol box on the side of the other village distance along the first line of the Mat at the entrance of the Mat, Ma-do, located in the Hannam-gun.

In this case, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to safely drive the right and the right of the road well.

Nevertheless, the Defendant neglected to do so and went to the left of a red mountain box on the side of the Mad Emb by negligence;

F has shocked into the left back part of the above cargo vehicle that the defendant drives on the right side of Galtob, which the F is driving.

Accordingly, the Defendant, at the I Hospital located in Chungcheongnam-nam District, around 10:58 on July 17, 2015, caused the death of the victim J (W, 73 years of age) who was killed in the above Orala, to a multiple organ by cerebral cerebral cerebral cerebral cerebral Spa.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of the accused or F by the prosecution;

1. A report on the occurrence of a traffic accident, a traffic accident report (on-site investigation report), photographs at the scene of an accident, vehicle-type inquiry, CCTV image-shield photographs, and a comprehensive traffic accident analysis report;

1. A criminal investigation report (a statement by the director of K division of the Ministry of Health and Welfare) prepared by an assistant prosecutor of the prosecution (a report by the director of the Ministry of Health and Welfare), an investigation report (a report filed with the victim J death diagnosis report), and application of statutes attached thereto

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, Order to attend a lecture, Order to provide community service, and Order to Observe Protection.

1. Recommendations based on sentencing standards;

(a) The basic area (from August to June) of the class two types of general traffic accidents (Death or injury caused by traffic accidents) within the scope of recommended punishment;

B. Special sentencing factors.

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