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(영문) 대전지방법원 천안지원 2015.12.18 2015고단1954
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 engaging in driving a rocketing car.

On September 2, 2015, the Defendant driven the said car on September 21, 2015, and led the front of the incidental road in the Dong-dong, Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, to proceed at a speed of about 40km each other at a parallel of two lanes from the west-gu, Seoan-gu, Seoan-gu.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a safe way to live well.

Nevertheless, the defendant neglected this and found the victim C (the age of 65) who crosses the right side from the left side of the vehicle driven by the defendant due to negligence of neglecting it, and caused the victim to go beyond the road by shocking the part of the motor vehicle left side of the defendant's motor vehicle.

Ultimately, at around September 3, 2015, the Defendant caused the victim’s death by occupational negligence at a single university hospital located in 201, the south-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, to a multiple trauma.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Statement of the actual survey report;

1. Statement of a written diagnosis of death;

1. Application of Acts and subordinate statutes on site photographs, initial measures taken photographs, site oil objects photographs;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria [Determination of types] for general traffic accidents in the category 2 (Death, etc. of Traffic Accidents) (Special Convicted Persons) (Death, etc. of Traffic Accidents) - Where there is substantial negligence on the victim as well as on the part of the victim for the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished (decision on the recommended area), special mitigation area, two months or

2. The sentenced result of the death of the victim; and

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