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(영문) 대전지방법원 천안지원 2015.08.04 2015고단879
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for nine 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 the duty of driving one ton vehicles B.

On December 25, 2014, at around 18:55, the Defendant proceeded at a speed of about 82 km in speed, depending on the two-lanes of speed from the west-si to the west-si, Sinsan-si, Sinsan-si.

In such cases, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and went to the port from the right side of the direction of the Defendant’s vehicle driving without permission by negligence, resulting in the death of the victims, such as brain damage, daleing, daleing, etc., by taking the victim C (the 55 years old, China’s nationality), D (the 60 years old, China’s nationality) into the front side of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to E and F;

1. Each description of the occurrence report on traffic accidents and the comprehensive traffic accident analysis report;

1. Entry and video of the traffic accident report;

1. Each description of the corpse autopsy report and death diagnosis report;

1. Application of video-related Acts and subordinate statutes to an accident site photograph;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Scope of punishment by law: Not less than one month but not more than five years;

2. The scope of recommendations according to the sentencing guidelines (the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents shall not apply in relation to the ordinary concurrent crimes) (the sentencing guidelines shall not apply in relation to the ordinary concurrent crimes). The occurrence of traffic crimes and the second class (the death of a traffic accident) of the ordinary traffic accident shall also occur to the victim.

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