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(영문) 대전지방법원 공주지원 2015.02.10 2014고단264
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving a C low-est car.

On August 15:40, 2014, the Defendant driven the above car and got the front of the Docheon-ri Village in front of the Docheon-ri at the time of official city to proceed to the right direction in the direction of the tent.

It is a place where a crosswalk is installed and where a speed limit is 60km per hour, so in such case, there was a duty of care to ensure safe operation by checking whether a person engaged in driving service gets a path while complying with the speed limit, and accurately operating the steering and brakes.

Nevertheless, the defendant's negligence that proceeded with a speed exceeding about 30 km per hour, caused the victim D (the age of 81) who was standing a crosswalk to shock the above vehicle into the front part of the vehicle, thereby allowing the victim to go beyond the floor.

Ultimately, the Defendant caused the victim's death by the above occupational negligence at around 16:45 of the same day due to the cardiopulmonary injury from the Public Medical Center.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A death certificate;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes on comprehensive traffic accident analysis replies;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (3), and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc.;

1. The application of sentencing standards [the scope of recommending punishment] the basic area (including a person who is specially mitigated) (including a serious effort to recover damage) under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents / Where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, the scope of sentencing compared to the applicable sentences and the recommended sentences: 8 months to June 2, 201.

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