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(영문) 대전지방법원 공주지원 2015.05.15 2014고단335
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 driving of C1 ton cargo vehicles.

Around 09:00 on October 17, 2014, the Defendant driven the above cargo vehicle and proceeded to turn to the left from the south of the Cheongyang-Eup to the south of Chungcheongnam-gu.

A person engaged in driving service has a duty of care to safely operate the steering gear by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected to turn to the left and continued to turn to the left from the right side of the Mayangyang market, and received the left-hand side of the victim D(73 years old) driving E-T 100 Oral Sea, which was going to the right side of the cargo driving of the Defendant, as the front-hand part of the cargo driving.

Ultimately, around October 23, 2014, the Defendant caused the death of a victim who was receiving medical treatment at the Chungcheongnamnam University Hospital, which was located in the Gu Culture-ro 282 during the large exhibition, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A death certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to on-site photographs (six copies), changeers' photographs (four copies);

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. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc.;

1. Application of the standard for sentencing [Scope of Recommendation] General traffic accident: Type II (Death, etc. of Traffic Accidents) (Act No. 4-10 months without prison labor) (special mitigation), the area where mitigation is mitigated (including special mitigation), the area where punishment is not imposed (including serious efforts to recover damage): April to October of a credit cooperative;

2. Determination of sentence - The accused of an order of imprisonment without prison labor for six months, a stay of execution one year, and forty hours of a compliance driving lecture violates the Act on Special Cases concerning the Settlement of Traffic Accidents in the past.

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