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(영문) 대전지방법원 홍성지원 2014.01.15 2013고단1011
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 1:30 on September 16, 2013, the Defendant, who is engaged in the business of driving Mati Cargo Vehicles B, was driving the above cargo vehicles, and had the roads in front of Mana fishery in the Mana-si, Bohyeong-si, Bohyeong-si go back from the surface of the Dana-si.

It is a narrow road without a central line, and the other parked vehicles are parked on the road. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected this and went beyond the road to the back part of the above cargo vehicle (the age of 79) when the victim C (the age of 79) who was crossing the road at the rear side of the above cargo vehicle, which was driven by the Defendant due to the negligence after being negligent, and served the victim's bridge and arms with the rear wheels of the above cargo vehicle.

Ultimately, at around 16:50 on September 16, 2013, the Defendant caused the victim’s death by the occupational negligence as seen above, from the E Hospital located in Suwon-gu, Suwon-si, G to the decrease in the volume of external blood due to the dratal exposure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., the circumstances indicated in the reason for sentencing) resulted in a serious consequence leading to the death of the victim due to a traffic accident caused by the Defendant’s occupational negligence. Meanwhile, the Defendant agreed with the bereaved family members, the Defendant’s vehicle was covered by a comprehensive automobile insurance, the Defendant is the primary offender, and the Defendant led to the confession of the instant

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