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(영문) 대전지방법원 서산지원 2016.06.03 2016고단245
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a DNA car.

On January 9, 2016, the Defendant driven the above car at a speed of about 60km from the east of the city, along four-lanes, to the intersection of the F-ray in the front of the city E at the Jin-si. The Defendant proceeded at a speed of about 60km in speed from the east of the city, along the four-lanes.

At the time, a crosswalk is installed at night and at the front, so in such cases, there was a duty of care to prevent accidents in advance by checking whether or not there is a person to walk the crosswalk by reducing speed and checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and got the victim G (48) who illegally crossed the crosswalk from the right side of the left side to the right side of the crosswalk in the direction of the vehicle running ahead of the Madle Defendant’s vehicle. The Defendant got out of the floor by taking the front part of the Defendant’s vehicle.

Ultimately, on January 14, 2016, the Defendant caused the death of the victim due to the occupational negligence, such as pulmonary pulmonary transfusion and pulmonary pulmonary pulmonary pulmonary efe at a university hospital of a single country, which is located in the south-gu, South-gu, East-gu, Seoul Metropolitan City, by the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, a black stuff image, a death certificate, and a comprehensive traffic accident analysis report;

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 the selection of imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The circumstances in which the victim died are expected to have contributed to the occurrence of traffic accidents or the expansion of damage, the fact that the victim’s failure to cross his/her without permission appears to have contributed to the occurrence of traffic accidents or the expansion of damage, the fact that the victim was subscribed to a comprehensive insurance, the first offender, the first offender, and all other factors of sentencing, including the defendant’s age, sexual behavior, environment, etc.

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