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(영문) 대전지방법원 홍성지원 2015.06.17 2015고단222
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grand Co., Ltd.

On December 21, 2014, at around 22:30, the Defendant driven the above van, and proceeded two-lane roads at approximately 162.6 km in the direction of distribution of the coast roads, which are located in the west-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, in a speed of about 50km from the Chuncheon to the west-IC along one lane.

At the time, it is night, it is difficult to secure snow view, and the surface was slicked, so a person engaged in driving service has a duty of care to prevent accidents due to safe driving, such as keeping safety distance with the vehicle in front and the right and the right and the right and the right and the right and the right of the vehicle in front, accurately operating the steering and brake system, etc.

Nevertheless, the Defendant neglected to do so and found the victim's DaM3 car which was returned to the lane as a single accident before being driven by negligence, and was immediately driven by the victim's DaM3 car. However, the Defendant did not avoid it, but did not shock the part left behind of the said damage car, as the front part of the said damage car.

Ultimately, around December 31, 2014, around 09:35, the Defendant caused the death of the victim due to the occupational negligence, while receiving treatment for transfer from the emergency room of the Jeon-si Hospital located in the Jeon-si-si in the Jeonbuk-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs of traffic accidents;

1. Photographs of the victim;

1. A copy of a death diagnosis document;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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 reasons for the suspended sentence of Article 62(1) of the Criminal Act [the scope of legally applicable sentences] (the application of the sentencing guidelines] shall be from one month to five years (the application of the sentencing guidelines): Traffic crimes, general traffic accidents, and Type 2 (Death Caused by Traffic Accidents).

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