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(영문) 대전지방법원 천안지원 2014.04.24 2014고단46
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 driving a new franchise XG vehicle.

At around 03:00 on September 1, 2013, the Defendant followed the two-lane road in front of the South East East East East-dong intersection in Asan, at the speed of the Si/Eup/Myeon in Asia, along one lane from the direction of the Si/ia to the direction of the Si/ia.

At the time, since it was difficult to keep the surrounding areas at night, there was a duty of care to prevent accidents by putting a person engaged in driving a motor vehicle at front and safely manipulating the brake system of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded as it is, while not finding the victim C (59 years of age) who crosses the road to the right side from the left side, and received the front part of the defendant's driving vehicle.

In the end, the Defendant caused the death of the victim from the above occupational negligence to the low-blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D or E;

1. Each report on investigation;

1. Application of photographic Acts and subordinate statutes, such as a survey report on actual conditions and accident site;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (including the cases of penance and the cases of agreements which have been reached smoothly with the bereaved family members of the victim, etc.);

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