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(영문) 대전지방법원 서산지원 2014.04.10 2013고단933
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.

On October 25, 2013, around 12:53, the Defendant driven the above vehicle on the side side of the LG chemical front of the Taeanan-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, and proceeded to the west from the west to the west, while making the U.S. turn to the west.

In such cases, there was a duty of care to take into account whether a person engaged in the driving of a motor vehicle is a motor vehicle driving well, and to accurately manipulate the steering direction and brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected this and got out of the front side of the E Car driven by the victim D (year 71) who was normally driven in one lane in the same direction while driving in the opposite direction from a two-lane to a one-lane.

The Defendant’s occupational negligence caused the death at around 07:40 on October 30, 2013 while he was sent to G Hospital located in the Dongjak-gu Seoul Metropolitan Government F and received treatment due to damage to light water.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of the Acts and subordinate statutes to the actual investigation report on traffic accidents and the report on occurrence of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the reasons for sentencing") of the suspended sentence include that the defendant agreed with the bereaved family members, that the vehicle driven by the defendant has subscribed to comprehensive insurance and has fully repaid the amount of damage suffered by the victim, that the defendant has no previous conviction punished since 2003, that the defendant has old age, as well as the motive and circumstances of the crime of this case, circumstances after the crime, criminal records, age, effort for recovery of damage, the sentencing guidelines mitigated categories 2 of general traffic accidents, and recommended sentences: April.

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