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(영문) 대전지방법원 홍성지원 2015.12.18 2015고단976
교통사고처리특례법위반
Text

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

However, 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 Cknife car.

On August 30, 2015, the Defendant driven the said car on August 20, 2015, and led to a two-lane road near the Eart located in Chungcheongnam-gun, Chungcheongnam-gun, along with one-lane from the permanent market to the vacant industry zone.

On the left side of the defendant's way, the victim F (n, 65 years old) was crossing the road, so in such a case, the defendant engaged in driving service has a duty of care to prevent accidents by driving the road well and driving the road safely.

Nevertheless, the Defendant neglected this and got the victim to go beyond the road due to the negligence of driving the car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Yancheon University Hospital located in the 21:58 Yannam-gu, Yancheon-gu, Yancheon-gu, 31-ro, Yancheon-gu, Yancheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report and a traffic accident report;

1. Application of Acts and subordinate statutes of the death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service [Scope of Recommendation] There is no basic area (eight to one month and one year and six months) [Pronouncement Decision] / [Decision of Sentence] 10 months of imprisonment without prison labor, two years of suspension of execution, Defendant’s primary crime, and Defendant’s deposit of KRW 30 million for the sake of his/her bereaved family members, although the Defendant did not agree with the bereaved family members, he/she made efforts to recover damage, such as deposit of KRW 30 million in total for the sake of his/her bereaved family members.

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