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(영문) 대전지방법원 홍성지원 2015.01.14 2014고단647
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 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 CM5 car.

On August 2, 2014, the Defendant proceeded with a one-lane road in front of the Gu cleaning surface office, which is located in the cleaning area at the time of Boncheon on August 2, 2014, at approximately 60 km each hour from the luminous flood control area to the luminous slope.

At the time, it was difficult to secure the front view due to night time, and the place was located on the front side and the speed limit was 40 km a speed limit of 20% speed, so the speed was reduced by 32 km a speed limit of 32 km a speed at that time. Therefore, there was a duty of care to check whether a person engaged in driving a motor vehicle is a person engaged in driving a motor vehicle by reducing speed and driving a motor vehicle safely and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so at all, and did not keep the speed of about 60 km in speed, and did not properly conduct the front-down, and followed the victim D (the age of 52) who was used in the crosswalk as it was by negligence.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the Bosia Hospital on August 2, 2014, from the two parts and chest damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report and related photographs;

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. Determination of the type of sentencing [limited to the applicable sentencing guidelines] under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below) of the suspended sentence [the scope of statutory sentences] from one to five years of imprisonment without prison labor: Traffic crimes, general traffic accidents, and Type II (Death resulting from Traffic Accidents): The recommended range and the recommended range of punishment: the mitigated area, the sentenced range of imprisonment without prison labor for not less than four months, and the sentenced range of not more than ten months.

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