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(영문) 대전지방법원 서산지원 2014.05.09 2014고단162
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving a Grand bus with the Grand City.

On December 30, 2013, the Defendant driven the above vehicle around 16:40 on December 30, 2013, and led to the speed of the road in front of the Seowonwon-si, Seogwon-dong, Seogwon-dong, Seogwon-si, Seogwon-dong, to the direction of the intersection of the Sikwon-do.

At the time, there is a snding road with the center line of yellow solid lines, and there was a snding section on the road by melting snow at the time, so there was a duty of care to safely drive the vehicle along the lane and prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes and steering gear, which was turned out in the ice section and proceeded with the central line due to the negligent negligence, and received the front part of the victim C(49 years old) driver's driving in front of the left-hand part of the vehicle driving by the Defendant.

Ultimately, the Defendant caused the victim's death due to the above occupational negligence at around 21:55 of the same day, resulting in the death of the victim, such as the cage cage at the F Hospital located in Jinjin-si E.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. A death certificate;

1. Application of the evidence and photographs of traffic accidents, and the statutes governing body photographs;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant reflects his/her mistake in depth, the victim's bereaved family members and the defendant have agreed smoothly, the defendant has no particular criminal record other than the previous criminal record, the vehicle driven by the defendant has been covered by the comprehensive motor vehicle insurance, the circumstances leading up to the occurrence of the case, the age and occupation of the defendant, etc.

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