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(영문) 대전지방법원 천안지원 2015.05.12 2014고단1709
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 car in B 5(K5).

On June 11, 2014, at around 00:18, the Defendant driven the said car at a speed of about 94 km from right to right to right from right to right to right to right to right to right to right to right to right to right to the road at a speed of about 80 km per hour, at a speed of about 94 km from right to right to right to right to right to right from right to right to right to right to right to right.

At the time, it is night and its location is 80km speed per hour. In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly operating the steering wheel and brakes and observing the restricted speed.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and operation system without properly keeping the front door, and the Defendant got the victim E (59 years old) crossing the road at the front side of the car driving in the direction of the Defendant due to the negligence of driving the said car beyond the restricted speed as above.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence, such as a multi-presidential long-term depression.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of G and H;

1. A written result of autopsy, a photo of a deceased person, and a written result of autopsy;

1. Application of the actual survey report, report on the occurrence of a traffic accident, on-site map, and Acts and subordinate statutes governing accidents;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act: (1) An agreement is reached with the bereaved family members;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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