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(영문) 대전지방법원 2015.06.10 2015고단1063
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person engaged in driving C and C freight vehicles.

On March 9, 2015, the defendant driving the above cargo vehicle around 09:40, and continued to operate a private school pension center in the Jung-gu, Daejeon. However, the defendant, from the jurisdiction of the Dong University, the error-dong private school pension center was about 20 km in the speed of the city.

Since there is no signal apparatus, there was a duty of care to safely drive a person engaged in driving a motor vehicle, such as: (a) having a duty of care to safely drive a motor vehicle by making it possible for the person engaged in driving a motor vehicle to live well before, after, and after, entering the intersection; and (b) checking whether other vehicles

Nevertheless, the Defendant neglected to enter the intersection as it was and caused the negligence of entering the intersection, and caused the front wheel part of the victim D(79 years old) driving, who was getting on a bicycle, to the right side of the said cargo, from the area of the area of the sporadic village in the spoke-gu.

On March 10, 2015, the Defendant: (a) caused the death of the victim of an occupational negligence in Daejeon Line Hospital located in 29, Jung-gu, Daejeon, Daejeon, to the brain cerebral cerebral ties and cerebral cerebral cerebral ties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, and death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation]: Reduction area of mitigation (4-10 months) of types of general traffic accidents (the death of traffic accidents) [Special Mitigation]: Decision on the suspended sentence [including serious efforts to recover damage]: Decision on the suspended sentence is that the result of the death of the victim due to the defendant's negligence in driving, resulting in the death of the victim, and the liability for such crime is less unfavorable to the defendant.

On the other hand, the defendant is against the recognition of the crime of this case.

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