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(영문) 대전지방법원 서산지원 2014.10.02 2014고단573
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 the duty of driving Category C cargo vehicles.

On May 1, 2014, the Defendant driven the above vehicle at around 17:50, and proceeded at a three-lane road at the entrance of the original village of the Madon-si at the time of the Madon-si at the time of the Maduk-Eup, Madon-do at the speed of the unsatison-do.

At the time of the defendant's proceeding, since the Lone Star vehicle driven by the Buddhist in front of the vehicle was in front, there was a duty of care to prevent the accident in advance by overtaking the vehicle at a safe speed and method, such as giving due care to the traffic in the opposite direction and the traffic in front of the vehicle in front of the vehicle in front.

Nevertheless, the Defendant did not properly look at the opposite direction of the road, and found the victim D (I, 49 years old) who was running in the opposite side by the negligence going beyond the center of the road at the intersection while passing over the road at the intersection, and received the bicycle as the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the death of the victim due to the death of the heart and the death of the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes governing diplomatic photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] general traffic accidents in the following categories: (a) mitigation area (4 to 10 months) [including special mitigation] punishment and non-compensation (including efforts to recover from damage] [the decision of sentence] victim's bicycles committed by the defendant who gets over the center line, leading the victim to death by shocking the victim's bicycles.

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