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(영문) 대전지방법원 천안지원 2015.07.02 2015고단639
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 engaged in driving a B-to-pur vehicle.

On January 20, 2015, the Defendant driven the said car on the 18:20th of January, 2015, and continued to drive the said car on the 231-lane bus stops located in Asan-si, the 231-lane, the northwest-do bus stops in front of the 231-lane bus stops.

At the same time, the surrounding area is installed a crosswalk at the front section. In such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by reducing the speed and by properly examining the front section and the left and right.

Nevertheless, the Defendant neglected to do so and did not find out the victim C (n, 60 years old) who was standing on the right side of the crosswalk from the left side of the course due to negligence, and went beyond the victim with the front part of the said car.

Ultimately, at around 22:03 of the above day, the Defendant caused the victim’s death by his occupational negligence due to a chronic shock shock from the “D Hospital” located in the Gangnam-gu Seoul Metropolitan City on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A survey report on actual condition, on-site map, and a report on the occurrence of a traffic accident;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 2 (Special Mitigation) (Special Mitigation) and the basic area (Article 8-1 and 16) of the Criminal Act: A mitigated person: A person under a reduction of punishment (including efforts to recover damage): The result of a crosswalk [decision of sentence] incident, but the fact that the family members and the bereaved family members have agreed smoothly, the fact that there is no particular criminal history, and the fact that there is no other criminal history;

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