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(영문) 대전지방법원 서산지원 2014.02.13 2013고단800
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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 of a special motor vehicle of the Switzerland.

On August 9, 2013, the Defendant driven the above vehicle on August 12:03, 2013, and led to the course of the Don-gu, Don-ri, a Don-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to pass the right side from the center line of the road.

Nevertheless, the Defendant neglected to do so and was driven by the victim D(31 years of age) who was normally driven by the opposite lane due to the negligence in the course of the center line, and received the front part of the Erocketing patrol vehicle in front of the left part of the above vehicle.

The Defendant, by these occupational negligence, caused the victim D’s death at the site due to damage to the blood ties, etc., and suffered damage to the victim FF (year 45) who was on the victim’s rocketing patrol team, for approximately five weeks of medical treatment, such as the base and tension of the cryp, the mouth and closure of the syke syke, and other damage to the flap and the flap of the syke and the flap.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G, F, H and I;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

1. A written result of autopsy;

1. A medical certificate;

1. A request for appraisal by a part of the National Science Investigation Institute;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime of occupational negligence, resulting in death);

1. Although the occurrence of a serious consequence of the death due to the traffic accident under Article 62(1) of the Criminal Act, there was an agreement with the victims and errors.

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