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(영문) 대전지방법원 서산지원 2013.10.17 2013고단141
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Reasons

Punishment of the crime

Around 17:45 on December 21, 2012, the Defendant was driving a B Poter freight vehicle and continued to drive a one-lane road in front of the village center in front of the kidne-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, south-gun, over a speed of about 65 kilometers in the direction of vision from the south side to the south side.

At the time, the road is be be bended by one-lane, and it was difficult at the time. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering left and left well and the steering gear of the motor vehicle, and to prevent accidents.

Nevertheless, the defendant neglected to do so and did not avoid the victim C (or 80 years old) who dried the above road on the right side from the left side of the running direction of the above cargo vehicle that the defendant drives by negligence while driving the same, and received the above victim on the top side of the left side of the above cargo vehicle and caused the above victim's death due to injury to external wound at around 21:28 of the day.

Summary of Evidence

1. Defendant's legal statement;

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

1. A corpse of corpse;

1. Application of each statute on photographs;

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the defendant's reason for sentencing of imprisonment without prison labor is against the mistake, and the circumstances where the general insurance money was paid, and

However, even though there was a serious result of the victim's death, there was no agreement, and the bereaved family members want to be punished for severe punishment, so far, the defendant's genuine apology and sufficient compensation for damages have not been made up until now.

Therefore, the defendant is sentenced to punishment, but the court is not obliged to make further efforts to compensate for damage in the appellate court.

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