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(영문) 대전지방법원 2015.05.20 2015고단1061 (1)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

On January 22, 2015, the Defendant driven the above car at around 19:01, and continued the front way of the D Real Estate in Daejeon Jung-gu, Daejeon to the area from which he was discharged from the west-gu to the area from the west-gu. In accordance with the two-lanes of the city, the Defendant was driving at the speed of 65.1km from the west-gu.

At the time, the speed was 50 km, and the passage of pedestrians is frequent, so there was a duty of care to safely drive a person engaged in driving duties by checking the front, rear, and left and right.

Nevertheless, the Defendant neglected the front-round city, and neglected the speed limit by negligence, thereby crossing the above road from the left-hand side to the right-hand side, and received the victim E (the age of 69) as the front-hand part of the said vehicle.

At around January 22, 2015, the Defendant caused the death of a serious multi-level disease at the Gi University Hospital located in Seo-gu Daejeon, Seo-gu, Daejeon, Seo-gu, 95 on January 22, 2015 by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A traffic accident report;

1. A comprehensive analysis of traffic accidents;

1. A written result of autopsy;

1. Application of each statute on photographs;

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 ( considered as the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [the scope of recommendations] of the Act on the Punishment, etc. of Specific Traffic Accidents (hereinafter “Special Mitigation”) include the following: (a) the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage; (b) the victim was not subject to punishment (the decision of sentence): a death accident; (c) the defendant neglected to perform his/her duty of care on the front left-hand side; and (d) the victim who crosses the road to the right-hand side of the road without viewing it as it is.

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