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(영문) 대전지방법원 천안지원 2014.10.16 2014고단1048
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 taxi driver who is engaged in driving a rocketing car.

On May 31, 2014, at around 16:50, the Defendant came to turn to the left the intersection of the private distance in front of the new hospital funeral hall in the Asan-si, Sinsan-si, and the Defendant had a duty of care to check and drive the intersection by reducing the speed or temporarily stopping the intersection, as it is a place where traffic is not controlled.

Nevertheless, the Defendant neglected to do so and neglected to turn to the left and neglected to turn to the left, caused the death of the victim C(34 years of age) due to the following causes: D-soca CBR100 of the victim C(34 years of age) driving, the front part of the CBR100 OE, which was the back part of the Defendant's rocketing and other car; and caused the death of the victim due to cerebral transfusion and the dubal frame on the same day.

Accordingly, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on the occurrence of traffic accidents and accidents, suggestion on directions, reports on traffic accidents, and photographs thereof;

1. Application of the Acts and subordinate statutes of written request for autopsy, response to requests for appraisal, and written appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 [Special Mitigations] [including efforts to recover from damage caused by traffic accidents] and the area of mitigation (Article 62(1) of the Criminal Act] [Article 62(2) of the Punishment Act] [Article 62(1) [Article 62(1) [Article 62(1) [Article 62(2) of the Punishment Act] [Article 62(1) [Article 62(1) [Article 62(1) of the Punishment Act] [Article 62(1) [Article 62(1)] and

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