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(영문) 대전지방법원 천안지원 2016.06.02 2016고단370
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2016, the Defendant driven B rocketing taxi around 06:30, and proceeded at a speed of about 54 km in speed, depending on the two-lanes between the two-lanes in the direction of the north middle school in the Yanandong-dong, Chungcheongnam-gu, Chungcheongnam-gu, in the direction of the city.

At the time, it is a new wall at the time, and the front view is not well visible due to a raining, so in such a case, there was a duty of care to accurately manipulate the operation and steering gear and to prevent accidents by operating it at a safe speed and in a safe way while living well on the right side of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim C (the age of 75) who was crossing the road without permission from the left side of the running direction of the Defendant by negligence, and did not discover the victim C (the age of 75) and received the victim as it was in front of the passenger car of the Defendant.

Ultimately, the Defendant, by occupational negligence, had the said victim receive medical treatment at the Acheon-do University Hospital on February 12, 2016, caused the death of the said victim by a low-blood shock, which was caused by the pelvise and damage to the pelvis.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A death certificate;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the types of decisions] 2 types of general traffic accidents (the occurrence of traffic accidents or the expansion of damage) - mitigation elements (including where there is substantial negligence on the part of the victim in the occurrence of traffic accidents) - mitigation elements (including efforts to recover damage) / Special mitigation areas / Special mitigation areas / [the scope of recommendation] / [the scope of recommendation] 2 months to 10 months.

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