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(영문) 대전지방법원 홍성지원 2016.07.12 2016고단235
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a C Poter cargo vehicle.

On November 10, 2015, the Defendant driven the above cargo vehicle at the speed of 00:45, and proceeded at the speed of about 60km from the budget to the west, at the three-distance intersection, front of the entrance of the Sinsan apartment in the Culri-si, Chungcheongnamnam Budget-gun.

At the time of night, there was a pedestrian crossing installed at the night, so there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as reducing the speed and checking pedestrians well.

Nevertheless, the Defendant neglected this and found the victim D(35) who was seated adjacent to the center line near the above crosswalk due to the negligence that the Defendant, while driving the center line, did not well see the center line, immediately thereafter, and immediately operated it. However, the Defendant did not avoid it, but did not go beyond the ground by the Defendant’s cargo vehicle and got the victim to go beyond the ground.

Ultimately, the Defendant caused the death of the victimized person due to the above occupational negligence in the workplace due to the severe damage to the two parts of evidence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to a traffic accident analysis report, on-site photograph, on-site photograph (blue booms and CCTV caps);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) (the imprisonment without prison labor for February to October) (the special mitigated person] in the area of special mitigation [the victim] in the event that there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including a serious effort to recover damage] [the decision of sentence] in the instant traffic accident.

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